People v. Gutierrez CA1/5

Filed 2/2/26 P. v. Gutierrez CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

A170780

Plaintiff and Respondent, v. (Solano County Super. Ct. No. FCR332353)

JESUS GUTIERREZ, JR.,

Defendant and Appellant.

Jesus Gutierrez, Jr. (appellant), appeals from the trial court’s denial of his Penal Code section 1172.61 petition for resentencing following an evidentiary hearing. We affirm.

PROCEDURAL BACKGROUND

In 2018, following a jury trial, appellant and codefendant Christopher Johnson were found guilty of second degree murder (§ 187, subd. (a)). The jury found true an allegation that Johnson personally and intentionally discharged a firearm in the commission of the crime (§ 12022.53, subd. (d)). Appellant was sentenced…