People v. Gutierrez CA4/2

BACKGROUND

In 2016, Gutierrez was charged via information with murder (§ 187), two counts

of unlawfully possessing a firearm (§ 29800) and attempted murder (§§ 187/664). The

information also alleged Gutierrez was a principal in the murder and that a principal

intentionally discharged a firearm proximately causing bodily injury or death in

connection with the murder (§ 12022.53, subds. (d), (e).), and that he personally and

intentionally discharged a firearm and proximately caused great bodily injury or death in

connection with the attempted murder (§ 12022.53, subd. (d)). Finally, it alleged he

committed all the charged crimes for the benefit of a gang (§ 186.22, subd. (b)(1)(C)) and

that he had a prior strike and prior serious felony conviction. (§ 667, subds. (a), (c), and

(e)(1).)

Gutierrez proceeded to trial on these charges. His jury was not instructed on the

natural and probable consequences doctrine or felony murder. However, it received

1 Unlabeled statutory citations refer to the Penal Code.

2 CALCRIM Nos. 400 and 401. CALCRIM No. 400 states “[a] person is guilty of a crime

whether he or she committed it personally or aided and abetted the…