People v. Montejano CA3

Filed 3/26/24 P. v. Montejano CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C098691

Plaintiff and Respondent, (Super. Ct. No. CRF1902281)

v.

ERIC MONTEJANO,

Defendant and Appellant.

In a prior appeal, we vacated defendant Eric Montejano’s sentence and remanded so the trial court could exercise its discretion provided by recent amendments to Penal Code1 section 654. The trial court resentenced defendant to 25 years to life in prison for abuse on a child causing death and imposed and stayed execution of shorter sentences for two other offenses. Defendant contends the trial court abused its discretion by imposing the longest sentence, rather than a lesser sentence of 15 years to life for murder. We find no abuse of discretion by the trial court and affirm the judgment. We will, however, direct the trial court to correct clerical errors in the abstracts of judgment. BACKGROUND In 2021, a jury found defendant guilty of assault on a child causing death, murder, and willfully causing harm or injury to a child under circumstances likely to produce great bodily harm or

1 Undesignated statutory references are to the Penal Code. 1

death (child abuse). The jury also found true the allegation that defendant personally inflicted great bodily injury on a person under the age of five. The jury found defendant not guilty of dissuading a witness. The trial court sentenced defendant to 25 years to life for assault on a child causing death, 15 years to life for murder, six years for child abuse, and six years for the great bodily injury enhancement. Pursuant to section 654, the trial court stayed execution of the sentences for murder and child abuse, including the attached enhancement. Defendant appealed the judgment, and this court affirmed his convictions but vacated his sentence and remanded for resentencing in light of recent amendments to section 654. (People v. Montejano (Oct. 5, 2022, C094578) [nonpub. opn.].) On remand, defendant described abuse he suffered as a child, his minimal criminal history, and his acceptance of responsibility for his crimes in asking the trial court to stay the sentence for assault on a child causing death and instead impose the shorter sentence for murder. The prosecution described the severity of the crime, defendant’s initial attempts to hide what he did, and his violation of a position of trust as the father of the victim and argued the aggravating circumstances significantly outweighed any mitigating circumstances. The trial court rejected defendant’s arguments and again sentenced defendant to 25 years to life for assault on a child causing death, 15 years to life for murder, six years for child abuse, and six years for the great bodily injury enhancement. The court again stayed the sentences for murder and child abuse pursuant to section 654. The court also issued amended abstracts of the judgment, giving defendant credit for time served in prison between the initial sentencing hearing and the resentencing hearing, though the amended abstracts do not indicate that resentencing occurred. Defendant timely appealed. DISCUSSION I Abuse of Discretion Defendant contends the trial court abused its discretion by imposing the longer sentence for assault on a child causing death, rather than the lesser sentence for murder. We find no abuse of discretion.