P. v. Gutierrez CA4/2
Defendant Jorge Gutierrez was tried and convicted by a jury of multiple sexual offenses against two young boys, committed while he stayed with the family during leaves from his military service. He was sentenced to an aggregate term of 145 years to life in prison and appealed. After appellate counsel filed a brief in accordance with theprocedures outlined in People v. Wende (1979) 25 Cal.3d 436, we requested supplemental briefing regarding the propriety of permitting the People to amend the information after the verdict had been rendered, and whether the elements of Penal Code1 section 667.61, the “One Strike” sentencing law pertaining to certain sexual offenses, were supported by substantial evidence. After supplemental briefing, we affirmed the convictions, concluded that the amendment of the information was improper, and modified the sentence on three counts. The modification was ordered because simple lewd and lascivious conduct with a minor did not qualify for an indeterminate
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