People v. Montanez CA2/8

Filed 1/23/26 P. v. Montanez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B336623

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA159985 v.

ROY MONTANEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John J. Lonergan, Jr., Judge. Affirmed. Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

The jury convicted Roy Montanez of shooting Javier Villagrana. The defense told the jury the crime was first degree murder. “[F]our times in the head, close grouping, that’s first degree murder. They had the intent to murder. So the defense agrees the person who shot Mr. Villagrana committed first degree murder.” The sole question thus was who shot Villagrana. A witness testified Montanez admitted he shot Villagrana. Montanez challenges his conviction. We affirm. I We summarize essential facts. Montanez and Villagrana belonged to Compton Varrio Largo 36. This gang controlled Duron’s Market, which ran a gambling operation on the second floor. Montanez managed the operation for the gang, while Villagrana sold drugs there. Montanez and Villagrana had a falling out. Several irritations contributed to the breakdown. One was financial. Villagrana owed Montanez money but said he would pay only “when he felt like it.” Villagrana also yelled at Montanez. Villagrana was mad because Montanez “punked his fucking right-hand man.” Moreover, Villagrana reported to the Mexican Mafia that Montanez was concealing profits to avoid the tax the Mexican Mafia charged on earnings. Montanez’s view of Villagrana became one of “disgust.” The murder of Villagrana was on October 19, 2019, at 8:09 p.m. Villagrana was in his Compton driveway. Blurry video from nearby cameras showed an assailant run up, take a shooting position, and fire. The shots killed Villagrana. Mobile phone data showed Montanez was in the vicinity of the murder scene at the time of the murder.