People v. Gutierrez

A jury, in 2002, found defendant, Armando Gutierrez, guilty of murder and attempted murder. The trial court allowed defendant to file a late notice of appeal in November 2005. Under the circumstances of this case, the late notice of appeal gives this court jurisdiction to consider the direct appeal. We find the evidence sufficient to sustain the convictions, and the trial court did not abuse its discretion in sentencing. Therefore we affirm the trial court’s judgment.

BACKGROUND

Jorge and Nester Castaneda considered defendant a close friend. Nester gave defendant keys to the gate that protected…