People v. Gutierrez

This case places us in a procedural quandary.

On July 17, 2002, following a jury trial, Armando Gutierrez was convicted of first degree murder and attempted first degree murder. On August 21, 2002, he was sentenced to 40 years in prison for the murder and 20 years for the attempt, the sentences to be served consecutively.

In this appeal, the defendant contends: (1) his first degree murder conviction should be reduced to second degree murder; and (2) the 60-year sentence imposed by the trial court is excessive.

When the defendant was sentenced, his retained lawyer withdrew from the case and the…