People v. Gutierrez CA4/3

FACTS

In November 1998, an information charged Gutierrez with murder (§ 187, subd. (a)). The information alleged Gutierrez personally used a firearm during the commission of the alleged offense pursuant to sections 12022.5, subdivision (a), and 12022.53, subdivision (b).

2 The following year, Gutierrez pleaded guilty to second degree murder and admitted a weapon enhancement pursuant to section 12022.5, subdivision (a). Gutierrez offered the following factual statement as a basis for his guilty plea: “In Orange County on March 7, 1998 I personally used a firearm and shot and killed Jorge Reynoso. I did so with malice aforethought and the intent to kill but without premeditation and deliberation.” On the guilty plea form, Gutierrez acknowledged he would be sentenced to prison for 10 years on the weapon enhancement and to a consecutive 15 years to life sentence on the second degree murder charge. Gutierrez signed the bottom of the guilty plea form indicating “I understand each and every one of the rights outlined above and I hereby waive and give up each of them in order to enter my plea to the above charge(s). I am entering a plea of guilty because I am in fact guilty and for no…