People v. Gutierrez (2002)

[No. S018634. Oct. 2, 2002.]

THE PEOPLE, Plaintiff and Respondent, v. ISAAC GUTIERREZ, JR., Defendant and Appellant.

[Modification of opinion (28 Cal.4th 1083).]

THE COURT.-

It is ordered that the opinion filed herein on August 15, 2002, and reported in the Official Reports (28 Cal.4th 1083) be modified as follows:

1. On page 1110, the second sentence of the first paragraph [29 Cal. 4th 1110, advance report, 1st par.] is revised to read:

Ultimately, defendant was wounded by two bullets; neither Officer Dunavent nor Joseph was hit during the exchange of gunfire.

2. On page 1113, the seventh sentence of the fourth paragraph [29 Cal. 4th 1113, advance report, 4th par.] is revised to read:

Defendant admitted he killed Stopher with the shotgun, stating he did so because Stopher “took [his] life.”

3. On page 1145, the fourth sentence of the second complete paragraph [29 Cal. 4th 1145, advance report, 2d par.] is revised to read:

At trial, defendant testified he “fired” the shotgun at Stopher because Stopher “took [his] life.”

This modification does not affect the judgment.