P. v. Gutierrez CA2/2
In 2011, defendant and appellant Robert Gutierrez was convicted of second degree murder. (Pen. Code, § 187.) He was sentenced to 40 years to life in state prison. Defendant appealed his conviction, and on October 3, 2012, we affirmed the judgment. (People v. Gutierrez (Oct. 3, 2012, B233166) [nonpub. opn.], p. 2 (Gutierrez I).)
On February 11, 2019, defendant filed a petition for resentencing under section 1170.95, arguing that he was entitled to relief because he was convicted of second degree murder pursuant to the natural and probable consequences theory, as an aider and abettor of an assault, and could not be convicted of murder under the newly amended sections 188 and 189. The trial court denied his petition, and defendant appealed. On July 28, 2020, we reversed the trial court’s order and remanded the matter for the trial court to issue an order to show cause and hold a hearing pursuant to section 1170.95, subdivision (d).
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