People v. Gutierrez CA4/2

Filed 5/16/24 P. v. Gutierrez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E082694

v. (Super.Ct.No. FSB035546)

RONALD EDWARD GUTIERREZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Alexander R.

Martinez, Judge. Dismissed.

David L. Polsky, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

On June 20, 2003, a jury convicted defendant and appellant Ronald Edward

Gutierrez of two counts of attempted willful, deliberate, and premeditated murder (Pen.

1

Code, §§ 664, 187, subd. (a), counts 1 & 4)1 and two counts of assault with a

semiautomatic firearm (§ 245, subd. (b), counts 6 & 7). The jury also found true various

personal use of a firearm allegations attached to the counts. (§§ 12022.5, subd. (a);

12022.53, subds. (b), (c) & (d).2 (Gutierrez, supra, E034496.)

The trial court thereafter found true allegations that defendant had suffered a prior