People v. Gutierrez CA2/6
Opinion
Opinion
Filed 9/2/14 P. v. Gutierrez CA2/
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B246878 (Super. Ct. No. 1354022) Plaintiff and Respondent, (Santa Barbara County)
v.
MOSES ANTHONY GUTIERREZ,
Defendant and Appellant.
Moses Anthony Gutierrez appeals a judgment following conviction of second degree murder with a finding that he personally used a deadly weapon. (Pen. Code, §§ 187, subd. (a), 189, 12022, subd. (b)(1).) We affirm.
FACTUAL AND PROCEDURAL HISTORY
During the late evening of May 14, 2011, Gutierrez stabbed Alex Anzures in the heart with a folding knife that Gutierrez kept in his pocket. At the time, Gutierrez and Anzures were party guests in the…