People v. Montgomery CA4/1

Filed 8/27/15 P. v. Montgomery CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067660

Plaintiff and Respondent,

v. (Super. Ct. No. SCD240113)

SEAN MONTGOMERY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

In 2012, in four separate incidents, Montgomery entered four separate businesses

and attempted to cash fraudulent checks. In 2013, in four separate cases, Sean

Montgomery was convicted of five counts of using personal identifying information, six

counts each of burglary and forgery, two counts of possessing a controlled substance, and

one count of acquiring account information. He received a total prison term of nine years

four months.

In 2015, Montgomery filed a petition to reduce to misdemeanors his convictions

for burglary and forgery under the ameliorative provisions of Proposition 47, entitled