People v. Gordon CA3

BACKGROUND

On November 2, 2012, defendant turned his car in front of an oncoming van driven by John Foley. Foley attempted to stop but was unable to do so and crashed into defendant’s car. Foley’s three young children, who were in the van, suffered minor injuries. Defendant’s car sustained damage to the front and passenger side and Foley’s van had extensive front end damage. Defendant fled the scene after the accident. A search of defendant’s car revealed over 75 grams of marijuana (net weight) and a digital camera containing defendant’s photograph, which led to his arrest. Defendant entered a negotiated plea of no contest to leaving the scene of an injury accident (Veh. Code, § 20001, subd. (a); count 1) and admitted a strike prior (1989 kidnapping; Pen. Code, §§ 667, subds. (b)-(i), 1170.12) in exchange for dismissal of the remaining counts (possession of marijuana for sale, transportation of marijuana) and four prior prison terms with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. The trial court sentenced defendant to state prison for the upper term of three years, doubled to six years for the strike prior, and awarded 428 days of presentence custody credits. The…