Gutierrez

People v. Gutierrez

Good Law
177 Cal. App. 4th 654·2009 Cal. App. LEXIS 1500·99 Cal. Rptr. 3d 369
Court of Appeal of CaliforniaSeptember 9, 2009B211622California5,404 words

Opinion

Opinion

Rothschild, J.

[EDITORS' NOTE: TEXT NOT CERTIFIED FOR PUBLICATION APPEARS WITH GRAY BACKGROUND BELOW.]

Hugo Gutierrez appeals from the judgment following his convictions for multiple counts of kidnapping and forcible sex crimes. He contends the court prejudicially erred in excluding evidence of his lack of criminal record which evidence would have challenged the victims' identification of him as the perpetrator. He also contends his Sixth Amendment right to confrontation was violated by admission of testimony regarding the DNA and sexual assault reports from persons who had not initially analyzed the data and prepared the reports. Finally, he contends the movement of the victims was insufficient to support his convictions for aggravated kidnapping. We affirm.

At approximately noon on December 18, 2006, E.R. was jogging in Ernest Debs Park. She ran through the park to its outer perimeter and back to a circular area near the parking lot and picnic tables. On her second lap around this area, a man she had seen on her first lap sitting on a picnic table bench approached her. The man was Gutierrez. He pulled out a black metal revolver and demanded her iPod.

Gutierrez was wearing a dark "hoody"…

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