Legal Opinion

People v. Gutierrez

California Court of Appeal, 5th District

Decided June 4, 2019No. D073103PublishedCited by 144 opinions

1Opinion of the CourtHaller, J.

*1028A jury convicted defendant Salvador R. Gutierrez of nine counts of committing lewd and lascivious acts upon a child ( Pen. Code,1 § 288, subd. (a)). In a bifurcated proceeding, the court found true that *1029defendant had been convicted of two serious felonies (§§ 667, subd. (a)(1), 668 & 1192.7, subd. (c)) and two prior strike offenses (§§ 667, subds. (b)-(i), 668 & 1170.12), and found one of defendant's prior convictions brought him within the One Strike law (§ 667.61, subds. (a), (c), and (d).) The court thus sentenced defendant to 205 years to life in state prison.

Defendant appealed, arguing…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Griffin v. IllinoisSupreme Court of the United States · 1956
  2. United States v. BajakajianSupreme Court of the United States · 1998
  3. People v. Dueñas, California Court of Appeal, 5th District2019
  4. Timbs v. IndianaSupreme Court of the United States · 2019
  5. People v. Frandsen, California Court of Appeal, 5th District2019

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3Cited by144 opinions

  1. People v. Kopp, California Court of Appeal, 5th District2019
  2. People v. Santos, California Court of Appeal, 5th District2019
  3. Irakunda v. CatesDistrict Court, S.D. California · 2021
  4. Mann v. State of Cal.California Court of Appeal · 2024
  5. Moylan v. Axe Murderer Tours, Inc.Superior Court of Guam · 2022

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