P. v. Gutierrez
Salvador Fernando Gutierrez forced his way into a house, shot one of the occupants in the head, and hit another occupant with a gun. Property stolen from another house was found in his car. He was convicted of attempted murder, burglary, being a felon in possession of a firearm, receiving stolen property, and assault with a firearm. He testified at trial, and in his version of events, he was a drug dealer. An occupant of the house was his supplier, and the shooting was an accident that happened when a disagreement arose over payment, and the supplier’s brother-in-law pulled a gun, leading to a struggle. The jury rejected this story and the court sentenced Gutierrez to 26 years eight months plus 25 years to life.
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