People v. Gutierrez CA2/4

Discussion section on page 6: “Appellant argues that the jury did not believe he had hit his son with a bottle because it found the allegation of personal use of a deadly weapon to be not true. That conclusion does not necessarily follow. The jury could have found that appellant used a bottle, but that the bottle was not a deadly weapon. In any event, ‘if a not true finding of an enhancement allegation is inconsistent with a conviction of the substantive offense, effect is given to both.’ (People v. Santamaria (1994) 8 Cal.4th 903, 911.)” Appellant’s petition for rehearing is denied. There is no change in the judgment.

*EPSTEIN, P. J. WILLHITE, J.

2 Filed 8/12/15 People v. Gutierrez CA2/4 (unmodified version)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, …