P. v. Gutierrez CA5
Appellant Johnny Gabriel Gutierrez was convicted in 2007 of two counts of assault by means of force likely to cause great bodily injury, with great bodily injury and gang enhancements. He was sentenced to 27 years in prison.
In 2017, appellant filed a petition in the Superior Court of Tulare County for resentencing and argued the court improperly imposed the gang and great bodily injury enhancements pursuant to People v. Le (2015) 61 Cal.4th 416 (Le). The superior court denied his petition.
As we will explain, we remand the matter for resentencing pursuant to Le and Penal Code section 1170.1, subdivision (g), and correction of the abstract of judgment.
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