People v. Gutierrez CA6

Filed 1/30/15 P. v. Gutierrez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040806

(Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. C1234852, C1242351)

v.

ROY GUTIERREZ,

Defendant and Appellant.

On March 12, 2013, in case No. C1242351 (hereafter the robbery case) Roy Gutierrez (appellant) pleaded guilty to two counts of second degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c).)1 Appellant admitted that he committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(c)), and that he had suffered a prior strike conviction as a juvenile. After granting appellant’s Romero motion2 to strike the juvenile strike adjudication, on June 7, 2013, the court sentenced…