California Court of Appeal

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PEOPLE v. GUTIERREZ, g031028

Convictions for attempted murder and assault with a firearm are affirmed where 1)the court had no sua sponte duty to instruct on attempted voluntary manslaughter, 2)pointing a gun was sufficient evidence to convict on assault, 3)defendant was not denied effective assistance of counsel and 4) the abstract of judgment did not need to be corrected to reflect a probation violation instead of a drug offense.

Appellate Information

  • Decided 10/10/2003
  • Published 10/10/2003

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Stephen M. Lathrop, Redondo Beach, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Douglas C.S. Lee, Deputy Attorneys General, for Plaintiff and Respondent.
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