P. v. Gutierrez
Filed 9/14/10 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
JOSEPH JESUS GUTIERREZ,
Defendant
and Appellant.
E046680
(Super.Ct.No.
RIF120845)
OPINION
APPEAL
from the Superior Court
of Riverside
County. Thomas C.
Hastings, Judge. (Retired judge of the
Santa Clara Super. Ct. assigned
by the Chief Justice pursuant to art. VI, § 6 of the Cal.
Const.) Affirmed.
Carl
Fabian, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund
G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Gary W. Schons, Assistant Attorney General, Rhonda
Cartwright-Ladendorf, Stacy Tyler and Scott C.Taylor, Deputy Attorneys General,
for Plaintiff and Respondent.
A
jury convicted defendant of two counts of assault with a deadly weapon (counts
1 & 2--Pen. Code § 245, subd. (a)(1)),[1] cohabitant
beating (count 3--§ 273.5, subd. (a)), criminal threats (count 4--§
422), and false imprisonment (count
5--§ 236). The jury additionally found
true allegations attached to count 3 that defendant had personally inflicted
great bodily injury (§§ 12022.7, subd. (e), 1192.7, subd. (c)(8)) and two
separate allegations that he had personally used deadly weapons (§§ 12022,
subd. (b)(1), 1192.7, subd. (c)). In a bifurcated proceeding thereafter, the
court found true allegations that defendant had four prior strike convictions
(§§ 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A)) and two prior
serious felony convictions (§ 667, subd. (a)).
The court sentenced defendant to an indeterminate term of imprisonment
of 110 years to life. On appeal, defendant
contends the court erred in denying his petition to disclose juror information
based on his showing of purported juror misconduct. We affirm.
On
September 6, 2004, the
Riverside County Sheriff's Department's dispatch received a 911 call
originating from Moreno Valley
City Hall. Paramedics responded to the scene. The victim complained of â€
| Description | A jury convicted defendant of two counts of assault with a deadly weapon (counts 1 & 2--Pen. Code § 245, subd. (a)(1)),[1] cohabitant beating (count 3--§ 273.5, subd. (a)), criminal threats (count 4--§ 422), and false imprisonment (count 5--§ 236). The jury additionally found true allegations attached to count 3 that defendant had personally inflicted great bodily injury (§§ 12022.7, subd. (e), 1192.7, subd. (c)(8)) and two separate allegations that he had personally used deadly weapons (§§ 12022, subd. (b)(1), 1192.7, subd. (c)). In a bifurcated proceeding thereafter, the court found true allegations that defendant had four prior strike convictions (§§ 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A)) and two prior serious felony convictions (§ 667, subd. (a)). The court sentenced defendant to an indeterminate term of imprisonment of 110 years to life. On appeal, defendant contends the court erred in denying his petition to disclose juror information based on his showing of purported juror misconduct. Court affirm. |
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