People v. Gutierrez CA3

FACTS AND HISTORY OF THE PROCEEDINGS

We restate the pertinent facts from our unpublished decision in People v. Quintero (Oct. 15, 2019, C086794 [2019 WL 5205978]) (Quintero) affirming defendant’s judgment. We do not rely upon this factual summary in reaching our decision but instead provide it to give context to our discussion. The case arose from separate shootings that occurred on June 13, 2015. Defendant and codefendant Martinez Quintero were charged for their involvement in the first shooting. “The First Shooting “Shortly after 5:00 a.m. on June 13, 2015, approximately 36 bullets were fired by multiple guns (at least four) at a two-story apartment complex located on Rio Linda Boulevard in Sacramento. One of the bullets struck Stacy Norman in the back, resulting in her death. Two other residents of the apartment complex suffered burns from bullets that dropped onto them from the ceiling. The evidence at the scene indicated that the gunshots were fired from the parking lot of the apartment complex and near the front entry of the complex. The evidence also indicated that some of the bullets were .38-caliber hollow-points, and that some of the bullets may have been fired by a…