PEOPLE v. GUTIERREZ

No. B227606.

209 Cal.App.4th 646 (2012)

147 Cal. Rptr. 3d 249

THE PEOPLE, Plaintiff and Respondent, v. LUIS ANGEL GUTIERREZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

September 24, 2012.


Attorney(s) appearing for the Case

Jean Matulis , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Steven D. Matthews and David F. Glassman , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

YEGAN, J.

During the course of a sexual assault, Luis Angel Gutierrez murdered his aunt by stabbing her 28 times. A jury convicted him of first degree murder with the special circumstance finding that the murder was committed during the commission of a rape or attempted rape. (Pen. Code, §§ 187, subd. (a), 189, 190.2, subd. (a)(17)(C), 261.)1...

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