People v. Gutierrez CA4/1

Filed 1/21/26 P. v. Gutierrez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D086345

Plaintiff and Respondent,

v. (Super. Ct. No. RIF2103536)

SERGIO REYNALDO GUTIERREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Timothy J. Hollenhorst, Judge. Affirmed. Gene D. Vorobyov, 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, Eric. A Swenson, Monique Myers, and Tyler Krentz, Deputy Attorneys General, for Plaintiff and Respondent. Sergio Reynaldo Gutierrez was found guilty of committing willful, deliberate, and premeditated murder and of personally using a deadly and dangerous weapon in the commission of the murder. (Pen. Code, §§ 187,

subd. (a), 12202(b)(1).) On appeal, Gutierrez argues the trial court abused its discretion and violated his due process rights by admitting a photograph showing the victim’s nude corpse on the coroner’s autopsy table. But we discern no abuse of discretion, and thus no corresponding due process violation, in the trial court finding the photograph’s probative value was not substantially outweighed by the probability it would unduly prejudice Gutierrez. We therefore affirm. I. A. Gutierrez’s truck was stolen. At one point, he believed Benedicto Salanga Jr. stole his truck. When Gutierrez confronted him, however, Salanga denied the theft. Gutierrez claimed he later suspected another individual of being the culprit. Gutierrez eventually found his truck “almost gutted out” and abandoned in a river bottom. While driving home in his retrieved truck, Gutierrez spotted Salanga and his friend walking on the opposite side of a road. According to Gutierrez, he gestured a peace sign at them. But Salanga’s friend testified that Gutierrez flashed them his middle finger. Gutierrez then made a U-turn to drive alongside Salanga and his friend. Gutierrez alleged he looked down from the road to adjust his radio and move tools from the passenger seat; when he looked up, it was too late to avoid hitting Salanga with his truck. Gutierrez fled the scene. Paramedics transported Salanga to the hospital. He passed away, and the cause of death was determined to be multiple blunt force injuries. B. The People charged Gutierrez with Salanga’s murder. Gutierrez pled not guilty.