P. v. Gutierrez
Filed 4/12/06 P. v. Gutierrez CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. DARIO GUTIERREZ, JR., Defendant and Appellant. | E036676 (Super.Ct.No. RIF107599) OPINION |
APPEAL from the Superior Court of Riverside County. Robert D. Macomber, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed as modified.
Jeffrey J. Stuetz, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Kyle Niki Shaffer and A. Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.
A jury convicted defendant of discharging a firearm at an inhabited dwelling (count 2); possession of a firearm by a felon (count 3); two counts of assault with a firearm (counts 4 and 5); and possession of ammunition by a felon (count 6). It found defendant personally used a firearm in committing counts 2, 4, and 5. It was unable to reach a verdict on a charge of attempted murder (count 1).
Defendant admitted two prior serious felony convictions for first degree burglary in 1990 and two â€
