P. v. Gutierrez
Michael Gutierrez appeals from the judgment entered following his conviction by a jury of the first degree murder of Joseph Carbajal. (Pen. Code, 187, subd. (a), 189.)[1] The jury found true an allegation that appellant had personally discharged a firearm proximately causing death. ( 12022.53, subd. (d).) The trial court found true allegations of one prior prison term ( 667.5, subd. (b)), one prior conviction of a serious felony ( 667, subd. (a)(1)), and one prior conviction of a serious or violent felony within the meaning of California's "Three Strikes" law. ( 1170.12, subds. (a)-(d); 667, subds. (b)-(i).) Appellant was sentenced to prison for 5 years plus 75 years to life. He contends that the trial court erroneously instructed the jury. Court affirm.
Comments on P. v. Gutierrez