People v. Guerrero CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND2

On April 10, 2005, Anthony Lopez was traveling on Mission Boulevard in his

1988 Cadillac and saw a friend, Richard Gutierrez, riding his bicycle near Mission

Boulevard. Lopez stopped near Lee’s Market, and Gutierrez came over to the driver’s

side window of Lopez’s car to talk to him. A few minutes later, a car stopped quickly

near them, and a man, later identified as defendant’s son, Edwardo Guerrero, got out of

the driver’s seat of the vehicle. Edwardo approached Gutierrez and asked him, “‘What

the fuck is your problem?’” Edwardo then produced a handgun from his waistband and

shot Gutierrez once in the arm. (Guerrero, supra, E041870.)

Gutierrez ran toward Lee’s Market, and Edwardo chased after him and fired more

shots at him. Gutierrez entered the market and tried to hold the glass door shut, but

Edwardo fired a shot that shattered the glass door. Edwardo then entered the market and

fired multiple shots at Gutierrez, changing the magazine in the gun at one point.

Gutierrez was hit multiple times and died at the scene. (Guerrero, supra, E041870.)

All further statutory references are to the Penal Code unless otherwise…