People v. Velado CA4/3

FACTS

I.

THE INCIDENT

In June 2020, defendant had dinner at her mother’s home. Around 8:25 p.m., she exchanged text messages with her boyfriend. In two messages, the boyfriend remarked he knew defendant was drinking. Defendant responded she had not yet and just had a “tall can.” The boyfriend believed the “tall can” referred to “[a]n Arizona.” Before midnight, defendant left her mother’s home and drove to her boyfriend’s home where she lived. On her way there, she struck and

1 All further statutory references are to the Penal Code unless otherwise stated.

2 killed a 21-year-old bicyclist who was riding his bike with two friends. The accident occurred around 11:54 p.m., and defendant fled the scene. The next morning, defendant repaired her vehicle’s windshield before heading into work. While at work, she called her mother and said she 2 hit someone while driving the prior night but did not stop. Her mother said they needed to do the right thing and go to the police. Defendant and her family later went to the police department where she was arrested. When questioned by officers, defendant admitted to using marijuana sometimes daily and a few hours prior to the accident. She…