People v. Montero

Opinion

BUTLER, J.

Ralph Montero was convicted by a jury of five counts of forcible rape (Pen. Code, 1 § 261, subd. (2)), five counts of unlawful sexual intercourse (§ 261.5) and one count of committing a lewd and lascivious act upon Marianna D., a child under 14 years of age (§ 288, subd. (b)). The jury hung on a forcible rape charge involving Marianna’s sister Christina. The court declared a mistrial as to that count and dismissed it on the prosecution’s motion in the interests of justice (§ 1385). The judge sentenced Montero to a 30-year prison term.

Montero appeals, contending there was…