Jose Gutierrez v. State of Indiana (mem. dec.)

Opinion

MEMORANDUM DECISION

ON REHEARING

Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Jan 30 2017, 8:37 am

regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals

and Tax Court

the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Mark A. Bates Gregory F. Zoeller Lake County Public Defender Attorney General of Indiana Crown Point, Indiana Larry D. Allen Deputy Attorney General Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Jose Gutierrez, January 30, 2017 Appellant-Defendant, Court of Appeals Case No.

45A05-1512-CR-2372

v. Appeal from the Lake Superior Court

State of Indiana, The Honorable Salvador Vasquez, Appellee-Plaintiff Judge Trial Court Cause No. 45G01-1311-MR-11

Mathias, Judge.

Court of Appeals of Indiana | Memorandum Decision 45A05-1512-CR-2372 | January 30, 2017 Page 1 of 2

[1] Jose Gutierrez (“Gutierrez”) petitions for rehearing following our

memorandum decision affirming his convictions. See Gutierrez v. State, No.

45A05-1512-CR-2372 (Ind. Ct. App. Oct. 21, 2016). Gutierrez argues, in part,

that in paragraph 9, we incorrectly stated, “Gutierrez also pulled the handgun

from his pocket to show to other people in the bar.” We grant rehearing for the

limited purpose of correcting this sentence to read, “Gutierrez also pulled the

handgun from his pocket to show to an unidentified individual sitting in a

parked car in the bar’s parking lot.” In all other aspects, we affirm our original

memorandum decision.

Robb, J., and Brown, J., concur.

Court of Appeals of Indiana | Memorandum Decision 45A05-1512-CR-2372 | January 30, 2017 Page 2 of 2