People v. Gutierrez CA5

INTRODUCTION

In 2022, appellant Daniel Gutierrez was convicted, in relevant part, of second degree murder with firearm use enhancements. During the pendency of his appeal, Gutierrez filed a petition for resentencing on his murder conviction pursuant to Penal Code1 section 1172.6. The trial court denied Gutierrez’s petition on its merits, finding that he was convicted as the actual killer, and thus, ineligible for resentencing relief as a matter of law. Gutierrez appealed. The parties concede that the trial court lacked jurisdiction to address the merits of Gutierrez’s petition for resentencing. We agree. The filing of the notice of appeal from his judgment of conviction divested the trial court of subject matter jurisdiction to address the merits of Gutierrez’s petition. Consequently, the trial court’s order denying the petition is null and void. We therefore reverse it and remand the matter back to the lower court for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

On April 11, 2022, the Madera County District Attorney filed a first amended information charging Gutierrez with first degree murder (§ 187, subd. (a)) and two counts of possession of a firearm by a felon (§…