People v. Gutierrez CA2/6

Facts On March 16, 2008, appellant sexually assaulted Josefina Gutierrez in her bedroom. He also stabbed her 28 times. Josefina lived with her husband and sons, and provided appellant a home after he moved to the United States to work as a cook. Appellant and his father shared a bedroom in the house. Josefina was asleep when her husband left for work at 4:20 a.m. that Sunday morning. Appellant took his shoes off, entered the house, armed himself with a large kitchen knife, and silently entered Josefina's bedroom. Abraham Gutierrez, a nephew, heard someone open the bedroom door and saw appellant in the kitchen with a cut right hand. Appellant tried to hide the injury and said "[s]ome guys cut me" in a fight. Appellant left five minutes later. Jose Luis Mendoza, Josefina's brother, saw blood on the floor and the bedroom door ajar. Josefina was naked, lying face down with her legs spread apart. A large knife protruded from her back. There were fresh bruises on her face and body and 28 stab wounds to the back, shoulder, hands, chest, face, and neck. Appellant admitted himself to Los Robles Hospital in Simi Valley. He claimed that a Hispanic gang member stabbed him in the…