2/17/26
Court of Appeal, Fourth Appellate District, Division One
The Rule of People v. Gutierrez is that a Governor's state of emergency proclamation is subject to independent legal interpretation by courts, not jury determination, and when a proclamation limits emergency zones to specific "high hazard areas" to be identified by state agencies rather than declaring a statewide emergency, the prosecution must prove the crime occurred within those specifically identified areas, under circumstances where the proclamation's plain language directs agencies to identify particular zones rather than declaring the emergency exists throughout the entire state.