Legal Opinion

People v. Gutierrez

California Court of Appeal

Decided January 28, 1997No. Docket Nos. E016015, E017122PublishedCited by 11 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

RICHLI, J.

After a jury trial, defendant Adrian Gutierrez (defendant) was convicted of possession of drug paraphernalia, namely, a hypodermic syringe, while in jail or prison (Pen. Code, § 4573.6). Enhancement allegations that defendant had served two prior felony prison terms (Pen. Code, § 667.5, subd. (b)) were found true. Allegations for purposes of the three strikes law (Pen. Code, § 667, subds. (b)-(i)) that defendant had four prior serious or violent felony convictions were also found true. As a result, defendant was sentenced under the three strikes law to 25 years to life, plus…

2Cases cited11 opinions

  1. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  2. California v. TrombettaSupreme Court of the United States · 1984
  3. People v. CoronadoCalifornia Supreme Court · 1995
  4. People v. JenkinsCalifornia Supreme Court · 1995
  5. Lennane v. Franchise Tax BoardCalifornia Supreme Court · 1994

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. Raybon, California Court of Appeal, 5th District2019
  2. People v. LowCalifornia Supreme Court · 2010
  3. People v. PhilpotCalifornia Court of Appeal · 2004
  4. People v. HarrisCalifornia Court of Appeal · 2006
  5. People v. RaybonCalifornia Supreme Court · 2021

6 more not listed; retrieve them via the Exa API.

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