complaint filed against chicano activist carlos montes

7/31/2019 Complaint filed against Chicano activist Carlos Montes

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Rev. 900-1/99 DA Case 31348846 Page 1 Case No. GA083502

FELONY COMPLAINT

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

THE PEOPLE OF THE STATE OF CALIFORNIA,Plaintiff,

v.

01 CARLOS MIGUEL MONTES (12/28/1947)

Defendant(s).

CASE NO. GA083502

FELONY COMPLAINT

The undersigned is informed and believes that:COUNT 1On or about November 16, 2010, in the County of Los Angeles, the crime of PERJURY BY

DECLARATION, in violation of PENAL CODE SECTION 118(a), a Felony, was committed byCARLOS MIGUEL MONTES, who did unlawfully, under penalty of perjury, declare as true, that whichwas known to be false, to wit: that he had never been convicted of a felony.* * * * *COUNT 2On or about November 16, 2010, in the County of Los Angeles, the crime of PERJURY BYDECLARATION, in violation of PENAL CODE SECTION 118(a), a Felony, was committed byCARLOS MIGUEL MONTES, who did unlawfully, under penalty of perjury, declare as true, that whichwas known to be false, to wit: that he had never been convicted of a felony.

* * * * *COUNT 3On or about July 3, 2005, in the County of Los Angeles, the crime of PERJURY BY DECLARATION,in violation of PENAL CODE SECTION 118(a), a Felony, was committed by CARLOS MIGUELMONTES, who did unlawfully, under penalty of perjury, declare as true, that which was known to befalse, to wit: that he had never been convicted of a felony.* * * * *

COUNT 4On or about December 26, 2002, in the County of Los Angeles, the crime of PERJURY BYDECLARATION, in violation of PENAL CODE SECTION 118(a), a Felony, was committed byCARLOS MIGUEL MONTES, who did unlawfully, under penalty of perjury, declare as true, that whichwas known to be false, to wit: that he had never been convicted of a felony.

It is further alleged as to count(s) 3 and 4 , offenses described in Penal Code section 803(c),that the above


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violation was not discovered until September 16, 2010 by Melissa Daly by during a Record's Check, andthat no victim of said violation and no law enforcement agency chargeable with the investigation andprosecution of said violation had actual and constructive knowledge of said violation prior to said datebecause defendant lied, within the meaning of Penal Code section 803(c).* * * * *

COUNT 5On or between December 16, 2010 and May 17, 2011, in the County of Los Angeles, the crime ofPOSSESSION OF FIREARM BY A FELON - PRIOR(S), in violation of PENAL CODE SECTION12021(a)(1), a Felony, was committed by CARLOS MIGUEL MONTES, who did unlawfully own,possess, purchase, receive, and have custody and control of a firearm, to wit, 12 gauge shotgun, the saiddefendant having theretofore been duly and legally convicted of a felony or felonies, to wit:Case No.Charge Code/StatuteConv. DateCounty of CourtStateCourt TypeA408717 PC 242 09/02/1969 LOS ANGELES CA SUPERIOR

* * * * *COUNT 6On or about May 17, 2011, in the County of Los Angeles, the crime of POSSESSION OFAMMUNITION, in violation of PENAL CODE SECTION 12316(b)(1), a Felony, was committed byCARLOS MIGUEL MONTES, who did unlawfully own, possess and have under control ammunitionand reloaded ammunition. It is further alleged that the defendant is prohibited from owning or possessinga firearm pursuant to sections 12021 and 12021.1 of the Penal Code and sections 8100 and 8103 of theWelfare and Institutions Code, having been previously convicted of the following offense(s): felony

battery on a Peace Officer, PC 242.* * * * *NOTICE: Conviction of this offense will require the defendant to provide DNA samples and print

impressions pursuant to Penal Code sections 296 and 296.1. Willful refusal to provide the samples

and impressions is a crime.

NOTICE: The People of the State of California intend to present evidence and seek jury findings

regarding all applicable circumstances in aggravation, pursuant to Penal Code section 1170(b) and

Cunningham v. California (2007) 549 U.S. 270.NOTICE: A Suspected Child Abuse Report (SCAR) may have been generated within the meaningof Penal Code 11166 and 11168 involving the charges alleged in this complaint. Dissemination

of a SCAR is limited by Penal Code 11167 and 11167.5 and a court order is required for fulldisclosure of the contents of a SCAR.

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECTAND THAT THIS COMPLAINT, CASE NUMBER GA083502, CONSISTS OF 6 COUNT(S).

Executed at ALHAMBRA, County of Los Angeles, on July 6, 2011.


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_____________________________________D. LORDDECLARANT AND COMPLAINANT

STEVE COOLEY, DISTRICT ATTORNEY

BY:KATHLEEN GENTRY, DEPUTY

AGENCY: LASD - SEBLOMITA STATION

I/O: D. LORD ID NO.: 281377 PHONE: (661) 255-1121

DR NO.: 911001292417151 OPERATOR:

JR PRELIM.TIMEEST.:

BOOKING BAIL CUSTODY

DEFENDANT CII NO. DOB NO. RECOM'D R'TN DATE

MONTES, CARLOS MIGUEL 002965936 12/28/1947 2742161 $170,000 06/16/2011

Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defensecounsel provide discovery to the People as required by Penal Code Section 1054.3.

FELONY COMPLAINT -- ORDER HOLDING TO ANSWER -- P.C. SECTION 872

It appearing to me from the evidence presented that the following offense(s) has/have been committedand that there is sufficient cause to believe that the following defendant(s) guilty thereof, to wit:

(Strike out or add as applicable)

CARLOS MIGUEL MONTES

Count No. Charge Charge Range Special Allegation Alleg. Effect

1 PC 118(a) 2-3-4

2 PC 118(a) 2-3-4

3 PC 118(a) 2-3-4 PC 803(c) Check Code

4 PC 118(a) 2-3-4 PC 803(c) Check Code

5 PC 12021(a)(1) 16-2-3


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6 PC 12316(b)(1) 16-2-3

I order that the defendant(s) be held to answer therefore and be admitted to bail in the sum of:

CARLOS MIGUEL MONTES ______________________________ Dollars

and be committed to the custody of the Sheriff of Los Angeles County until such bail is given.Date of arraignment in Superior Court will be:

CARLOS MIGUEL MONTES ______________________ in Dept _______

at: A.M.

Date:Committing Magistrate

complaint filed against chicano activist carlos montes

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