People v. Gutierrez CA2/6

Filed 6/17/15 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B257950 (Super. Ct. No. GA086998) Plaintiff and Respondent, (Los Angeles County)

v.

JESSE BERNAL GUTIERREZ,

Defendant and Appellant.

A jury convicted Jesse Gutierrez of petty theft (Pen. Code, § 484, subd. (a))1 and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). In a prior appeal, we affirmed his conviction, but vacated his sentence, and remanded for a trial on the allegations that he had suffered prior convictions. (§ 667.5, subd. (b).) Following a bench trial (Gutierrez previously waived his right to a jury trial), the trial court found three of the…