P. v. Gutierrez
Miguel Aguirre Gutierrez (appellant) appeals from a judgment upon a jury verdict finding him guilty of attempted first degree murder. (Pen. Code, 664, 187.) The jury also found true the allegations that appellant used and discharged a firearm during the commission of the offense. (Id. at 12022.53, subds. (b), (c).) He contends that his conviction must be reversed because his trial counsel failed to move to suppress evidence and to present expert testimony on his alcoholism, and committed other evidentiary errors. Assuming his counsels conduct fell below the standard of care required, the record on appeal is insufficient to sustain appellants burden to show that he was prejudiced by counsels alleged misfeasance. Therefore, Court affirm.
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