People v. Gutierrez-Ruiz

Opinion by

JUDGE BOORAS

¶ 1 Defendant, Giselle Gutierrez-Ruiz, appeals the trial court’s order summarily denying his Crim. P. 35(c) motion challenging his conviction and sentence to life imprisonment without the possibility of parole. We affirm the order except insofar as it rejects defendant’s challenge to the constitutionality of his life sentence, vacate that sentence, and remand for resentencing.

I. Background

¶ 2 While defendant was driving a car, his passenger, the co-defendant, shot from the car at a truck, wounding the driver. The co-defendant later shot at another car, killing the…