People v. Martinez CA4/3

FACTS

The Carjacking and Evading a Peace Officer Around 1:00 a.m. on August 16, 2008, on Mountain View Avenue (a residential street), a woman was inside a van parked in a driveway with its rear door open. A light-colored car driven by defendant hit the van’s rear corner. Defendant reversed the car and drove away “really quick.” He had also hit and damaged a fence. About 30 minutes later, a man in a house on Mountain View heard the sound of running water, went outside, and saw defendant and his sister using a hose to put water in the radiator of a small gray car parked in the man’s driveway. The man asked defendant to move his car off the driveway. Defendant argued with him for a little bit, but left after the man helped defendant push the car out of the driveway. Both defendant and his sister had appeared to be under the influence of some substance. In the early morning hours of that day, 17-year-old Carlos Ortega was driving his cousin’s white Nissan Altima down Mountain View looking for a friend’s house. Ortega saw defendant and his sister standing next to a small gray Mazda. Defendant walked in front of Ortega’s car. Ortega braked and partially opened his window. Defendant…