Kleinman

People v. Kleinman

Good Law
123 Cal. App. 4th 1476·20 Cal. Rptr. 3d 885·2004 Cal. App. LEXIS 1899·2004 Daily Journal DAR 13821·2004 Cal. Daily Op. Serv. 10167
Court of Appeal of CaliforniaNovember 12, 2004B170598California1,855 words

Opinion

Opinion

Boren, J.

Darryl Norman Kleinman appeals from the order revoking probation previously granted after his plea of no contest to leaving the scene of an accident (hit and run) causing injury (Veh. Code, § 20001, subd. (a)). The trial court sentenced appellant to the two-year state prison term previously imposed and stayed, and set the amount of restitution at $9,000. Appellant contends that the restitution order was unauthorized and must be stricken.

We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

At approximately 1:00 p.m., on July 1, 1998, appellant was driving a car owned by his girlfriend, Debra Marie Thornton, in the City of Burbank, with Thornton a passenger. While making a right turn from Hollywood Way onto Riverside Drive, the vehicle hit Jerome Connolly (Connolly), a pedestrian crossing in the crosswalk.

Immediately after being hit, Connolly was in extreme pain and hopped towards the driver’s side of the vehicle appellant was driving, banged on the front of the car and demanded that appellant stop. Without looking at Connolly, appellant hurriedly drove onto the Ventura Freeway. Appellant did not give his name to Connolly and failed to report the accident to the police. A…

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