People v. Gutierrez CA2/6

Filed 9/2/14 P. v. Gutierrez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B246878 (Super. Ct. No. 1354022) Plaintiff and Respondent, (Santa Barbara County)

v.

MOSES ANTHONY GUTIERREZ,

Defendant and Appellant.

Moses Anthony Gutierrez appeals a judgment following conviction of second degree murder with a finding that he personally used a deadly weapon. (Pen. Code, §§ 187, subd. (a), 189, 12022, subd. (b)(1).) We affirm. FACTUAL AND PROCEDURAL HISTORY During the late evening of May 14, 2011, Gutierrez stabbed Alex Anzures in the heart with a folding knife that Gutierrez kept in his pocket. At the time, Gutierrez and Anzures were party guests in the Santa Maria home of Carlos Bustamonte. Gutierrez was "spun out, like all twacked out of his mind," from methamphetamine and marijuana use, and Anzures was heavily intoxicated. The two men did not know each other; they argued at the party following Anzures's comment to Gutierrez's stepsister. At trial, Gutierrez testified that Anzures attempted to punch him, but missed. Anzures then retrieved a box cutter from his pocket. In response, Gutierrez

"stabbed him one time" in claimed self-defense. Anzures stumbled from the kitchen, held his bleeding chest, and declared that he had been "stuck" by Gutierrez. Despite emergency medical treatment, Anzures died at the hospital. A forensic pathologist later performed an autopsy on Anzures's body and found a lethal wound to the heart and three defensive-type wounds to the right hand and forearm. Events Prior to and Following the Stabbing Earlier that evening, Gutierrez arrived at the Bustamonte residence with his stepsister, Valerie Gutierrez, and several of her friends, including Brittney Rappuhn.1 When they arrived, Valerie and Brittney were intoxicated and Gutierrez and Brittney were also under the influence of methamphetamine. Outside the residence, Gutierrez appeared agitated and "thought everybody was against him." Brittney described Gutierrez as causing "drama" with her and a "random guy." Brittney telephoned a friend to pick her up, causing Gutierrez to become angry. He slapped Brittney twice in the face, brandished a knife at her, and asked if she wanted to "get crazy." After arguing outside, the group decided to attend the party. At the party, Anzures became suspicious because Gutierrez wore a backpack. Anzures was "a little bit" agitated, and Bustamonte attempted to calm him. Hostility between Gutierrez and Anzures developed, however, and soon they were involved in an argument "about a hooker." Gutierrez then stated to Anzures: "Fuck you fool, fuck you, what are you going to do, what what." Gutierrez stabbed Anzures thereafter; no witnesses saw the stabbing. Gutierrez testified that he stabbed Anzures in self-defense because Anzures "rushed" him with a box cutter in his hand. Gutierrez, Valerie, and Brittney fled the residence. A video camera mounted on a nearby market recorded an image of the group running down the street at 1:47 a.m. Gutierrez later sent text messages, including to his mother, stating that he "got somebody" and that he "just stuck some foo[l]."