People v. Gutierrez CA2/3

Filed 3/13/23 P. v. Gutierrez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B318518

Plaintiff and Respondent, Los Angeles County Super. Ct. Nos. v. VA145261, VA145603 MARINA GUADALUPE GUTIERREZ,

Defendant and Appellant.

APPEALS from judgments of the Superior Court of Los Angeles County, Lee W. Tsao, Judge. Affirmed.

Katharine Eileen Greenebaum, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

Defendant and appellant Marina Guadalupe Gutierrez appeals from her convictions, based on her pleas in negotiated dispositions, for second degree murder and assault with a deadly weapon. The trial court sentenced Gutierrez to 27 years to life in the state prison in accordance with the plea agreements. We affirm. On May 29, 2017, Ronny Hodge was sitting in his truck outside a shoe store, waiting for his girlfriend who was shopping for shoes.1 A woman later identified as Gutierrez “all of a sudden” “came out of nowhere.” Gutierrez stood right outside Hodge’s open driver’s side window and asked him if he was waiting for someone. He replied, “Yeah, my wife.” Gutierrez then stabbed Hodge in the chest with a knife. As she “pulled the knife out of [his] chest,” she said, “I can’t stand you niggers.” Gutierrez stabbed Hodge in both arms. Hodge managed to get over the console and out the passenger side door. Gutierrez stabbed him four more times in the legs. In all, Gutierrez stabbed Hodge eight times. Hodge stumbled into the shoe store, “hollered for [his] girlfriend,” and told her to call the police and an ambulance. About six weeks later, on July 15, 2017, Tania Guillen was at her cousin’s house. Guillen was an acquaintance of Gutierrez. Gutierrez asked Guillen for a ride to Gutierrez’s mother’s house. As they were driving, Gutierrez had a conversation with her mother on Facetime. Guillen heard some reference to Gutierrez’s boyfriend being at her mom’s house.