People v. Gutierrez CA5

Filed 3/11/25 P. v. Gutierrez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F087283 Plaintiff and Respondent, (Super. Ct. No. MCR055290) v.

DANIEL GUTIERREZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Dale J. Blea, Judge. Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Smith, J. and Snauffer, J.

INTRODUCTION In 2022, appellant Daniel Gutierrez was convicted, in relevant part, of second degree murder with firearm use enhancements. During the pendency of his appeal, Gutierrez filed a petition for resentencing on his murder conviction pursuant to Penal Code1 section 1172.6. The trial court denied Gutierrez’s petition on its merits, finding that he was convicted as the actual killer, and thus, ineligible for resentencing relief as a matter of law. Gutierrez appealed. The parties concede that the trial court lacked jurisdiction to address the merits of Gutierrez’s petition for resentencing. We agree. The filing of the notice of appeal from his judgment of conviction divested the trial court of subject matter jurisdiction to address the merits of Gutierrez’s petition. Consequently, the trial court’s order denying the petition is null and void. We therefore reverse it and remand the matter back to the lower court for further proceedings. FACTUAL AND PROCEDURAL HISTORY On April 11, 2022, the Madera County District Attorney filed a first amended information charging Gutierrez with first degree murder (§ 187, subd. (a)) and two counts of possession of a firearm by a felon (§ 29800, subd. (a)(1)). As to count 1, the information further alleged firearm use enhancements (§ 12022.5, subd. (a)(1), 12022.53, subds. (b), (c), & (d)). On April 26, 2022, a jury was empaneled. On May 18, 2022, the jury began deliberations. That afternoon, they reached a verdict, finding Gutierrez guilty of second degree murder, both counts of felon in possession of a firearm, and finding the firearm use enhancement allegations to be true.