Filed 7/1/24 P. v. Gutierrez CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

CHRISTOPHER GUTIERREZ,

Defendant and Appellant.

 B328571

 (Los Angeles County

 Super. Ct. No. BA485722)

THE COURT:

Christopher Gutierrez (defendant) appeals his judgment of 

conviction for attempting to commit a lewd act upon a child under 

the age of 14 years by use of force, violence, duress, menace, or 

fear of immediate and unlawful bodily injury. His appointed 

counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 

436 (Wende), raising no issues. On February 6, 2024, we sent 

defendant a letter notifying him of his counsel’s brief and gave 
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him leave to file, within 30 days, his own brief or letter stating 

any grounds or argument he might wish to have considered. 

Defendant requested an extension of time to file a response and 

we granted him an additional 30 days. That time has elapsed, 

and defendant has submitted no brief or letter. We have 

reviewed the entire record and, finding no arguable issues, affirm 

the judgment.

On February 11, 2020, 11-year-old K.J. was walking home 

from school when defendant, who was driving down the street, 

pulled over and asked her for directions. K.J. responded that she 

could not help and continued walking home. A few minutes later,

defendant stopped again near an alley, and through the open 

driver’s side window, called K.J. over to him. When K.J.

approached the vehicle, defendant grabbed her by the arm and 

put her hand over a manila folder sitting on his lap. Defendant 

then moved the folder and tried to put K.J.’s hand under the 

folder. Defendant’s pants were open, and when K.J. pulled back 

from the truck, she saw defendant’s penis. K.J. quickly ran away 

from the truck until she saw her friend Rosa and they walked 

together to K.J.’s home. K.J. and her mother went to the police 

and reported the incident. The police identified defendant as the 

registered owner of the vehicle from video surveillance footage. 

Defendant proceeded to trial by jury and was convicted of 

the crime of attempted aggravated lewd conduct on a child under 

age 14, as proscribed by Penal Code section 288, subdivision 

(b)(1). Defendant waived jury trial on, and stipulated to, the 

aggravating factors set forth in California Rules of Court, rule 

4.421(b)(1) (defendant engaged in violent conduct), rule 

4.421(b)(2) (numerous or increasingly serious prior convictions), 

and rule 4.421(b)(3) (defendant served a prior prison term). The 
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trial court sentenced defendant to the midterm of four years.

Defendant filed a timely notice of appeal.

We have independently examined the entire record on 

appeal and are satisfied that defendant’s appellate counsel has 

fully complied with her responsibilities and that no arguable 

issues exist. (Wende, supra, 25 Cal.3d at p. 441.)

Defendant has, by virtue of counsel’s compliance with the 

Wende procedure and our independent review of the record, 

received adequate and effective appellate review of the judgment 

entered against him in this case. (See Smith v. Robbins (2000) 

528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 123-124.)

DISPOSITION

The judgment is affirmed. 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

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LUI, P. J., CHAVEZ, J., HOFFSTADT, J.