Bellomo

1. Introduction

On October 18, 1989, about 2 p.m., a car co-owned by defendant Samuel Bellomo and his brother Daniel Bellomo ran into two parked cars, pushing one into a third, on a major Santa Clara street. Daniel, in the right front passenger seat, suffered cuts and a bump when his forehead hit and cracked the windshield. Defendant was also in the front seat. After the collision he appeared to be under the influence of a drug.

One of the main issues at trial was whether defendant or a third man was the driver. Defendant was convicted after jury trial of negligently causing bodily injury while driving under the influence of a drug (count four; Veh. Code, § 23153, subd. (a)), driving under the influence of a drug (count 1; Veh. Code, § 23152, subd. (a)), driving with a revoked license (count 2; Veh. Code, § 14601.2, subd. (a)), and leaving the scene of an auto accident involving property damage without leaving behind identifying information (count 3; Veh. Code, § 20002, subd. (a)). In the jury’s absence, defendant admitted four prior convictions of violating Vehicle Code section 23152, subdivision (a). The prosecution dismissed a fifth count, leaving the scene of an…