People v. Urrutia CA4/1

── People v. Urrutia CA4/1 ── Court: California Court of Appeal Date: April 15, 2026 Category: General Filed 4/15/26 P. v. Urrutia CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D085707 Plaintiff and Respondent, v. (Super. Ct. No. FWV21004726) NICHOLAS JAMES URRUTIA, Defendant and Appellant. APPEAL from a judgment of the Superior Court of San Bernardino County, Michael A. Camber, Judge. Affirmed and remanded with directions. Daniel J. Kessler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. A jury convicted Nicholas James Urrutia of first degree murder (Pen. Code, § 187, subd. (a)) and found true that he personally used a deadly or dangerous weapon in the commission of the offense (§ 12022(b)(1)). Appointed appellate counsel filed a brief under People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 indicating he found no arguable issues for reversal on appeal. Counsel asks us to review the record for error as Wende requires. We offered Urrutia the opportunity to file his own brief, but he has not done so. Based on our independent review of the record, we find no reasonably arguable appellate issues. We remand for the trial court to correct discrepancies between the court’s oral pronouncement and the abstract of judgment. So modified, we otherwise affirm. I. A. In late December 2021, Gabriel Fuentes entered his local bar at roughly 9:00 or 10:00 p.m. About an hour later, Urrutia arrived wearing a plaid flannel shirt. Kristy J. and her aunt arrived at about 10:00 p.m., after Urrutia. The bartender gave Urrutia water while he sat at the bar and talked with Fuentes a couple seats away. At first, Urrutia and Fuentes’ conversation was friendly. About twenty minutes in, Urrutia mentioned someone in his family had died, and Fuentes was supportive. Fuentes asked whether Urrutia’s parents could have done something about it, and Urrutia became “[v]ery angry and loud and completely changed.” Urrutia stood up, slammed his hands on the bar, and said, “‘Are you calling my parents chickens?’” Fuentes looked shocked but stayed calm. Urrutia walked angrily out the front door. Fuentes went over to the jukebox next to the door. According to Kristy J., Fuentes was behind her and her aunt, who were in the process of leaving, when the door swung back and “startled” her. She saw Urrutia standing in the doorway holding the door open with his foot, and she and her aunt went around him. As they did so, Kristy saw Urrutia was holding a knife flat against his chest. He seemed to be looking past her and 2 her aunt. The door slammed behind them and they walked away. Kristy’s aunt gave a similar account. According to the bartender, when Urrutia first left the bar, she thought he might be going to retrieve a weapon. She grabbed the keys to the door and went to lock it, but before she got around the bar, Urrutia stormed back in. After pushing the door inwards, Urrutia stood face to face with Fuentes and screamed something akin to “You can’t call my parents chickens” before “very forcefully” putting his hands on Fuentes’ chest. Fuentes stumbled backward into a pool table, and Urrutia left. Fuentes looked bewildered f