People v. Gutierrez CA5

INTRODUCTION

In 2010, appellant and defendant Salvador Fernando Gutierrez (appellant) was convicted of attempted murder and other offenses with firearm enhancements, one prior strike conviction, and two prior prison term enhancements. He was sentenced to the second strike determinate term of 26 years eight months, plus a consecutive indeterminate term of 25 years to life. In 2023, the trial court recalled appellant’s sentence to dismiss the now-invalid prior prison term enhancements pursuant to Penal Code1 section 1172.75, and conducted a full resentencing hearing. The court granted appellant’s motion to dismiss one of the firearm enhancements, but denied his motions to dismiss the prior strike conviction, to dismiss or reduce the second firearm enhancement, or impose midterms. The court resentenced appellant to 21 years eight months plus 25 years to life. On appeal from the court’s resentencing order, appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, which summarized the facts and procedural history with citations to the record, raised no issues, and asked this court to independently review the record. Appellant filed a letter brief and…