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Filed 7/9/21 P. v. Gutierrez CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or 

ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL ANTHONY 

GUTIERREZ,

Defendant and Appellant.

 A161812

 (Sonoma County

 Super. Ct. No. SCR-7268901)

Michael Anthony Gutierrez appeals from a five-year prison sentence 

imposed after he admitted to a violation of his probation. Appellate counsel

for Gutierrez filed a brief asking this court to independently review the 

record for arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) 

We find no arguable issues requiring further briefing. We direct the clerk of 

the superior court to correct a clerical error in the abstract of judgment, and 

otherwise affirm. 

BACKGROUND

Gutierrez pled guilty to one felony count of infliction of corporal injury 

on a dating partner within seven years of a previous Penal Code section

273.5, subdivision (a) conviction.1 (§ 273.5, subd. (f)(1).) In July 2019, the 

1 Undesignated statutory references are to the Penal Code.
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trial court sentenced Gutierrez to a five-year prison term, but suspended 

execution of the sentence and placed him on 36 months of formal probation.

In November 2020, Gutierrez admitted to a violation of probation for 

failure to keep his probation officer advised of his whereabouts and failure to 

report to probation. The trial court revoked Gutierrez’s probation and 

imposed the previously suspended five-year prison sentence. Gutierrez was 

awarded 517 days of custody credit.

DISCUSSION

Gutierrez’s appellate counsel filed a Wende brief and notified Gutierrez

of his right to file a supplemental brief on his own behalf. No supplemental

brief has been filed. We have reviewed the record to determine whether there 

were errors based on the sentence imposed, or other grounds that arose after 

Gutierrez’s admission of probation violation that do not affect the validity of 

his admission. (Cal. Rules of Court, rule 8.304(b)(4)(B).) We found none. 

The trial court was authorized to impose sentence on Gutierrez’s conviction. 

(§ 1203.2, subd. (c) [“Upon any revocation and termination of probation” “if 

the judgment has been pronounced and the execution thereof has been 

suspended, the court may revoke the suspension and order that the judgment 

shall be in full force and effect.”].) We find no reasonably arguable appellate 

issues requiring further briefing.

Although our review revealed no arguable bases for reversal, it did 

reveal a clerical error in the abstract of judgment: the heading incorrectly 

identifies Gutierrez’s date of birth as March 28, 1994 instead of March 28, 

1984. We thus order correction of the abstract. (People v. Mitchell (2001) 

26 Cal.4th 181, 185.)
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DISPOSITION

The superior court clerk is directed to prepare an amended abstract of 

judgment correcting Gutierrez’s date of birth, and to transmit a copy of the 

amended abstract to the Department of Corrections and Rehabilitation. As 

modified, the judgment is affirmed. 
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_________________________

Rodriguez, J.*

WE CONCUR:

_________________________

Needham, Acting P. J.

_________________________

Burns, J.

A161812

* Judge of the Superior Court of Alameda County, assigned by the Chief 

Justice pursuant to article VI, section 6 of the California Constitution.