People v. Utuy CA2/6

Filed 11/18/20 P. v. Utuy CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B301574 (Super. Ct. No. BA451497) Plaintiff and Respondent, (Los Angeles County)

v.

RICARDO UTUY,

Defendant and Appellant.

Ricardo Utuy appeals a judgment following conviction of first degree murder (count 1), and willful, deliberate, and premeditated attempted murder (count 2), with findings that he personally used a deadly weapon during commission of both crimes, and personally inflicted great bodily injury regarding count 2. (Pen. Code, §§ 187, subd. (a), 189, 664, subd. (a), 12022, subd. (b)(1), 12022.7, subd. (a).)1 We modify the judgment to

All statutory references are to the Penal Code unless 1

otherwise stated.

award Utuy an additional 34 days of presentence custody credit, but otherwise affirm. This appeal concerns the murder of a three-year-old child in Utuy’s workplace and the attempted murder of another coworker several weeks earlier. Utuy used a knife to commit each crime. He surrendered to police officers following the murder of the child, admitted the crimes, and described a longtime methamphetamine addiction. He now raises arguments of evidentiary and instructional error, as well as the miscalculation of presentence custody credit. We order an award of additional custody credit, but find no merit to the remaining arguments. FACTUAL AND PROCEDURAL HISTORY Murder of R.V. (Count 1) On October 31, 2016, Utuy was employed at a clothing factory in Los Angeles. Maria R. and Javier V. were also employed at the factory and their workstations were near Utuy’s workstation. In the late afternoons, Javier V. and Maria R. would bring their three-year-old daughter R.V. to the factory following daycare. As usual, Javier V. brought R.V. to the factory that afternoon. She walked between her parents’ workstations, giving them cookies. As R.V. walked near Utuy’s workstation, he stood up and followed her. Utuy then stabbed R.V. three times with a pocketknife before he fled the factory. R.V. died from her stab wounds, each of which was fatal. Neither Javier V. nor Maria R. had any disagreements with Utuy, nor had they ever had a conversation with him.