Gutierrez

People v. Gutierrez

Bad Law
2009 Cal. LEXIS 1101·45 Cal. 4th 789·89 Cal. Rptr. 3d 225·200 P.3d 847
Supreme Court of CaliforniaFebruary 19, 2009No. S073253California17,731 words

Opinion

Lead Opinion

Moreno, J.

A jury convicted Alfred Anthony Gutierrez of the second degree murder of Dawn Nakatani (Pen. Code, § 187, subd. (a)), 1 the first degree murder of Mario Orellano (§ 187, subd. (a)), and the attempted willful, deliberate, and premeditated murder of Sergio Medina (§§ 187, subd. (a), 664). The jury found true sentencing enhancements as to the murder of Mario Orellano and attempted murder of Sergio Medina that defendant personally used a firearm (§ 12022.5, subd. (a)(1)) and that defendant committed the offenses for the benefit of, at the direction of, or in association with, a criminal street gang (§ 186.22, subd. (b)(4)). The jury also found true a multiple-murder special-circumstance allegation. After a penalty trial, the jury returned a verdict of death. The trial court denied defendant’s motions for a new trial and for a reduction or modification of the sentence. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. Facts

A. Introduction

On October 1, 1996, Dawn Nakatani, defendant’s ex-girlfriend and the mother of his child, was beaten, strangled, and left for dead in her Baldwin *797 Park home. A little before noon, defendant had driven to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.