Martinez

FACTS AND PROCEDURAL HISTORY3

On April 26, 2012, at approximately 6:30 p.m., defendant, driving his vehicle, and

the 12-year-old victim, riding on a scooter, collided in the street. Defendant stopped his

vehicle and checked on the victim. The victim’s mother came screaming over to her son.

Defendant fled when he discovered the victim’s injuries might be life threatening.

Defendant was on probation and driving without a license.

The victim was taken to the Intensive Care Unit (ICU) of Loma Linda University

Medical Center (LLUMC). He sustained multiple broken facial bones and a serious head

injury resulting in brain swelling.

Within 24 hours of investigation, officers discovered defendant’s identity.

Defendant voluntarily came forward thereafter. He admitted knowing that leaving the

scene of the accident was a criminal offense. Defendant admitted ingesting medical

grade marijuana at 8:00 a.m. the day of the accident, but said he no longer felt the effects

by 11:00 a.m. Defendant maintained the collision was an accident.

After defendant’s plea, a probation report prepared for sentencing recommended

defendant be sentenced to the upper term of four years, conflicting…