P. v. Gutierrez
On August 23, 2007, a jury convicted defendant and appellant Jeffrey Jessie Gutierrez of assault with a deadly weapon (count 1, Pen. Code, 245, subd. (a)(1));[1]attempted criminal threats (count 2, 422, 664);[2]and carrying a dirk or dagger ( 12020, subd. (a)(4)). On October 30, 2007, the trial court sentenced defendant, under the Three Strikes law, to 25 years to life on count 1. The court sentenced defendant to a concurrent 1-year term on count 2 and to a concurrent 25 years to life on count 3. The court also sentenced defendant to consecutive two 5-year terms under section 667, subdivision (a)(1). Defendant was given a total of 275 days of credit, calculated as 248 actual days plus 37 good time/work time days. The court found that defendant was not entitled to credits on the indeterminate portion of his sentence. Court will not dismiss the appeal. Court instead order the abstract to be amended to reflect an award of 372 credits.
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