People v. Finkelstein CA2/7

INTRODUCTION

A jury convicted Patrick Martin Finkelstein of vehicular manslaughter while intoxicated pursuant to Penal Code section 191.5, subdivision (b), and found he fled the scene of the accident in violation of Vehicle Code section 20001. Finkelstein contends the trial court erred when it imposed the five-year enhancement under subdivision (c) of Vehicle Code section 20001 (section 20001(c)) for fleeing the scene of the accident rather than the shorter term specified under subdivision (b)(1) of section 20001 (section 20001(b)(1)) for the same conduct. We conclude the trial court did not err, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Finkelstein Hits Patricia O’Donnell with His Car At approximately 1:15 a.m. on February 13, 2020, Finkelstein hit and killed Patricia O’Donnell with his Audi A5 as she was riding her skateboard on Pershing Drive in Playa del Rey. Finkelstein slowed, but did not stop, after the collision. He then drove away. Eric Holm witnessed the accident. Holm testified at trial he heard the roar of the engine as the Audi turned the corner onto Pershing Drive and accelerated down the street. Holm saw Finkelstein’s car hit O’Donnell. Holm…