People v. Gutierrez CA2/6 ( 2014 )


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  • Filed 3/19/14 P. v. Gutierrez CA2/6
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
    California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
    publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
    or ordered published for purposes of rule 8.1115.
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    SECOND APPELLATE DISTRICT
    DIVISION SIX
    THE PEOPLE,                                                                 2d Crim. No. B244091
    (Super. Ct. No. MA051431)
    Plaintiff and Respondent,                                               (Los Angeles County)
    v.
    JOE GUTIERREZ,
    Defendant and Appellant.
    Joe Gutierrez appeals from the judgment after a jury convicted him of first
    degree burglary and receiving stolen property. (Pen. Code, §§ 459 & 496.)1 Appellant
    admitted two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and
    one prior serious felony conviction. (§ 667, subd. (a).) The trial court sentenced him as a
    third strike offender to an aggregate term of 30 years to life in state prison.
    On December 30, 2010, appellant and an accomplice broke into the victims'
    home and took their property. They put the property in appellant’s car and drove away.
    We appointed counsel to represent appellant in this appeal. After counsel's
    examination of the record, he filed an opening brief in which no issues were raised.
    1 All further statutory references are to the Penal Code.
    We advised appellant that he had 30 days within which to personally
    submit any contentions or issues he wished us to consider. No response has been
    received.
    We have reviewed the available record, including sealed documents
    presented during proceedings conducted pursuant to Pitchess v. Superior Court (1974) 
    11 Cal. 3d 531
    . We are satisfied that appellant's attorney has fully complied with his
    responsibilities and that no arguable issues exist. (People v. Wende (1979) 
    25 Cal. 3d 436
    , 443; People v. Kelly (2006) 
    40 Cal. 4th 106
    , 125, 126.)
    The judgment is affirmed.
    NOT TO BE PUBLISHED.
    PERREN, J.
    We concur:
    GILBERT, P. J.
    YEGAN, J.
    2
    John Murphy, Judge
    Superior Court County of Los Angeles
    ______________________________
    Christopher Love, under appointment by the Court of Appeal, for
    Defendant and Appellant.
    No appearance for Plaintiff and Respondent.
    3
    

Document Info

Docket Number: B244091

Filed Date: 3/19/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021