People v. Montiel

Opinion

BAXTER, J.

In 1979, a jury convicted defendant Richard Galvan Montiel of the first degree murder (Pen. Code, §§ 187, 189)1 and robbery (§ 211) of Gregorio Ante, the robbery of Eva Mankin, and the burglary (§ 459) of Ms. Man kin’s residence. Both the Mankin and Ante episodes occurred on January 13, 1979. With respect to the Ante crimes, the jury found true allegations that defendant personally used a deadly weapon, a knife, in the murder (§ 12022, subd. (b)) and that the robbery was committed against an aged person (§ 1203.09, subds. (a), (b)(i), (iii)), with great bodily injury (§…