People v. Guerrero CA4/2

Filed 9/18/25 P. v. Guerrero CA4/2 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E083231

v. (Super.Ct.No. RIF1203580)

DAVID GUERRERO, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge.

Reversed with directions.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney

General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal, Andrew

Mestman, and Jon S. Tangonan, Deputy Attorneys General, for Plaintiff and Respondent.

1

In 2015, a jury convicted David Guerrero of attempted willful, deliberate, and

premeditated murder and found that he used a deadly or dangerous weapon in committing

the offense. (Pen. Code, §§ 664, 187, subd. (a), & 12022, subd. (b)(1)).) (Unlabeled

statutory citations refer to the Penal Code.) The court found true that Guerrero had been