People v. Montoya CA2/2

Filed 10/1/14 P. v. Montoya CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B252906

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA129350) v.

STEVE MONTOYA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Raul A. Sahagun, Judge. Affirmed.

Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul Roadarmel, Jr. and Steven D. Matthews, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Steve Montoya (defendant) appeals from his conviction of possession of counterfeit currency. His sole contention on appeal is that there was insufficient evidence of the requisite intent to defraud. Finding that substantial evidence supported the conviction, we affirm the judgment. BACKGROUND Procedural history Defendant was charged with forgery in violation of Penal Code section 476 (count 1),1 and possession of a counterfeit seal impression in violation of section 472 (count 2), both felonies. The information further alleged that defendant had suffered a serious or violent felony conviction within the meaning of the “Three Strikes” law (§§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)), and had served two prior prison terms within the meaning of section 667.5, subdivision (b). The jury convicted defendant of count 2 as charged, but was unable to reach a verdict on count 1. A mistrial was granted as to count 1, which was thereafter dismissed. Defendant admitted his prior convictions and the trial court struck the two prior prison term allegations for purposes of sentencing. On November 6, 2013, the trial court sentenced defendant to the low term of 16 months in prison, and doubled the term as a second strike to 32 months.2 Defendant was given a total of 358 days of presentence custody credit and ordered to pay mandatory fines and fees. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence On February 9, 2013, Whittier Police Officers Salvador Murillo and David Cheng arrested defendant and transported him to the Whittier police station for booking. During the booking process the officers searched defendant and inventoried his property. One $20 bill was found in defendant’s left breast jacket pocket; a $50 bill and another $20 bill