P.

Filed 4/29/13 P. v. Gutierrez CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B240910

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA066422) v.

JOSE GUTIERREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Martin L. Herscovitz, Judge. Affirmed.

Linda Acaldo, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. Jose Gutierrez appeals from the judgment entered following his plea of guilty to two counts of carjacking (Pen. Code, § 215, subd. (a)),1 and one count of second degree robbery (§ 211), during each of which he personally used a firearm (§ 12022.53, subd.…