Montoya v. People

An eight-count information was filed against the petitioner, John Louis Montoya (Montoya), as the result of his participation in a series of sham investment schemes. Montoya pleaded guilty to two of the counts and was sentenced to probation. Montoya subsequently violated his probation and was resentenced to a term beyond the presumptive range. He appealed his sentence to the court of appeals which upheld the district court’s sentence. We granted certiorari to review whether the court of appeals erred in upholding the district court’s finding that aggravating circumstances were present to…