People v. Gutierrez CA4/3

FACTS

Eduardo Q. was a semi-transient man who lived in the Anaheim area. He owned a Honda, which he used for transportation and shelter. Eduardo was acquainted with appellant Gutierrez and codefendant Micah Hansen from approximately 2009 to

1 All statutory references are to the Penal Code unless otherwise indicated. 2 The jury acquitted Gutierrez of robbery (§§ 211/212.5, subd. (c); count 3), and the trial court dismissed the carjacking count (§ 215, subd. (a); count 1) at the close of the prosecution’s case-in-chief (§ 1118.1). 3 People v. Kelly (1976) 17 Cal.3d 24 (Kelly).

2 4 2012. Eduardo lost touch with both men when he moved to Whittier in 2012, but they reconnected in 2020. On May 12, 2020, Hansen asked Eduardo to hang out, and Eduardo picked him up in the Honda. For the rest of that day, the two drove around the old Anaheim neighborhood, drinking and smoking marijuana, and periodically stopping to purchase more alcohol. They drove to Hansen’s garage around midnight, where Eduardo parked in the alley behind the building. Six or seven other people were there, but Eduardo could only identify Hansen and Gutierrez. The group continued drinking and socializing. At some point,…