People v. MontelongoAnnotate this Case
The Court of Appeal affirmed defendant's sentence of life without the possibility of parole plus one year for robbery and felony murder with a special circumstance finding under Penal Code section 190.2, subdivision (a)(17), which mandates a sentence of death or life in prison without the possibility of parole. Defendant was 18 years old at the time that he stabbed and killed a 15 year old boy.
The court held that the felony murder special circumstance statute is not unconstitutionally vague as applied to defendant where the trial court instructed the jury on the independent felonious purpose rule, and defendant had notice of the conduct proscribed by section 190.2 and does not claim discriminatory prosecution. The court explained that the fact that the prosecutor had discretion to charge defendant under two statutes with different penalties does not render the statutory scheme unconstitutional. The court also held that defendant's sentence is not cruel and unusual under the Eighth Amendment; defendant forfeited his right to challenge the restitution fine and assessments; and the trial court's sentencing minute order and the abstract of judgment must be corrected because the trial court erred in imposing a parole revocation fine.