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Contra Costa County Judge Barbara Zuniga gave the longer sentence to Jose Montano, 22, and the shorter term to Marcelles Peter, 20, because Peter was a minor at the time of the crime.
"I cannot overlook that," Zuniga said of Peter's age.
The victim, a sophomore known in court only as Jane Doe, did not attend the sentencing, but her dramatic testimony during the trial, the first in the case that involves six different defendants, helped lead to the men's convictions last month for the 2009 attack outside a homecoming dance at Richmond High School.
