P. v. Gutierrez CA4/3
A jury convicted Guillermo Gutierrez of assault with a deadly weapon—a screwdriver (Pen. Code, § 245, subd. (a)(1); count 2). The trial court additionally found true allegations Gutierrez had suffered three prior strike convictions (§§ 667, subds. (d) & (e)(2)(A), 1170.12, subds (b) & (c)(2)(A)), and three prior serious felony convictions (§ 667, subd. (a)(1)).
The court struck two of Gutierrez’s strikes and one serious felony prior, and sentenced him to an 18-year prison term, comprising an upper term of four years on the assault, doubled to eight years under the two-strikes law, plus two consecutive five-year terms for the two remaining serious felony priors.
On appeal, Gutierrez makes two claims. First, he contends the trial court prejudicially erred by allowing the introduction of DNA evidence, arguing the prosecution failed to establish requisite foundations for its admissibility under the Kelly test. Second, he claims the trial court miscalculated his custody credits, a
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