People v. Montes CA2/6

Filed 12/18/25 P. v. Montes CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B340663 (Super. Ct. No. 2023027068) Plaintiff and Respondent, (Ventura County)

v.

RENE FRANCISCO MONTES,

Defendant and Appellant.

Here we hold that out-on-bail enhancements (Pen. Code1 § 2022.1, subd. (b)) do not apply when the offense for which the defendant was out on bail was reduced to a misdemeanor. We also hold that under the Three Strikes law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)), where strikes are dismissed for all but one of multiple felony counts, all felonies not committed on the same occasion and arising from the same set of operative facts must be sentenced consecutively. (§ 667, subd. (c)(6).)

1 All statutory references are to the Penal Code.

We strike the out-on-bail enhancements, and remand for resentencing. In all other respects, we affirm. FACTS Rene Francisco Montes was convicted by a jury of three counts of unauthorized use of personal identifying information. (§ 30.5, subd. (a)) (counts 1-3). In a bifurcated proceeding, Montes admitted six prior strikes pursuant to the Three Strikes law. (§§ 667, subds. (c)-(e); 1170.12, subds. (a)-(c)) and two out- on-bail allegations (§ 12022.1, subd. (b)). On count 1, the trial court sentenced Montes to the middle term of two years, doubled to four because of the prior strike, plus a consecutive two years for the out-on-bail enhancement, for a total of six years. On counts 2 and 3, the court struck the prior strike enhancement and sentenced Montes to six-year terms consisting of the two-year middle term doubled to four plus two years for the out-on-bail enhancements concurrent with count 1. DISCUSSION I. Out-on-Bail Enhancements The People concede the out-on-bail enhancements constitute an unauthorized sentence and must be stricken. The offenses for which Montes was out on bail had resulted in misdemeanor pleas prior to the commission of the current offenses. Section 12022.1, subdivision (b) provides: “any person arrested for a secondary offense that was alleged to have been committed while that person was released from custody on a primary offense shall be subject to a penalty enhancement of an additional two years, which shall be served consecutive to any other term imposed by the court.”