People v. Gutierrez CA1/5

Filed 2/2/26 P. v. Gutierrez CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, A170780 Plaintiff and Respondent, v. (Solano County Super. Ct. No. FCR332353) JESUS GUTIERREZ, JR., Defendant and Appellant.

Jesus Gutierrez, Jr. (appellant), appeals from the trial court’s denial of his Penal Code section 1172.61 petition for resentencing following an evidentiary hearing. We affirm. PROCEDURAL BACKGROUND In 2018, following a jury trial, appellant and codefendant Christopher Johnson were found guilty of second degree murder (§ 187, subd. (a)). The jury found true an allegation that Johnson personally and intentionally discharged a firearm in the commission of the crime (§ 12022.53, subd. (d)). Appellant was sentenced to a prison term of 15 years to life, and this court

1 All undesignated section references are to the Penal Code.

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affirmed the judgment. (People v. Gutierrez et al. (Oct. 1, 2021, A159878, A159997) [nonpub. opn.].) In 2023, appellant filed a petition for resentencing pursuant to section 1172.6. The trial court appointed counsel and found appellant established a prima facie case. At the evidentiary hearing, the prosecution relied on the trial transcript and two trial exhibits.2 Appellant presented one new witness. The trial court denied appellant’s resentencing petition, finding the evidence established beyond a reasonable doubt that appellant was guilty of murder under current law as a direct aider and abettor or, in the alternative, as a major participant in Johnson’s criminal conduct acting with reckless indifference to human life. FACTUAL BACKGROUND Trial Testimony Samantha F. testified that, on the evening of August 20, 2017, she and her friend Victoria C. went to an acquaintance’s house. Johnson was standing outside next to a white picket fence and Victoria joined him. Appellant arrived in a black Impala and parked nearby. Not long thereafter, a gold car drove by slowly, and then left. Johnson said, “Did you see that? It was kind of suspicious,” and walked to appellant’s car, saying, “Let’s go.” Johnson and appellant drove away, following the gold car. Samantha heard gunshots and then appellant and Johnson returned. Johnson looked scared and appellant’s car was “all shot up.” Jessica F. testified that, on the night of the shooting, she was inside her house, listening through an open window to a young man and young woman she did not know talking in front of her white picket fence. When two men