People v. Gutierrez CA5

INTRODUCTION

Appellant and defendant Robert Gutierrez, Jr. (appellant) was convicted after a jury trial of first degree residential burglary with three prior strike convictions, and sentenced to 17 years plus the third strike term of 25 years to life. In 2024, the trial court dismissed the two now-invalid prior prison term enhancements pursuant to Penal Code1 section 1172.75, also dismissed the three prior serious felony conviction enhancements, and resentenced him to the third strike term of 25 years to life. On appeal from the trial court’s resentencing order, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm.

FACTS2

“During the morning of March 31, 1996, Eva [M.] and her husband were in their front yard when they saw [appellant], whom [Eva] had known for eight years, across the street pacing back and forth at the rear of an apartment complex. “Later that afternoon, [Eva] was in her living room when she saw [appellant] walk up to a large window at the…