People v. Vasquez CA3

BACKGROUND

On June 19, 2011, at around 7:00 p.m., witness Shelby Simmons was driving on Fair Oaks Boulevard with a passenger, Alex Whitten. Simmons saw defendant’s car leave the parking lot of an apartment complex and make a left turn onto Fair Oaks

Undesignated statutory references are to the Penal Code.

2 Boulevard, nearly colliding with Simmons’s car. A short time later, Simmons saw defendant swerve into the bicycle lane on Fair Oaks Boulevard. Simmons also saw Patrick Smith, the victim, walking in the bicycle lane. Moments later, Simmons saw defendant swerve into the bicycle lane again and hit Smith, sending him flying into the air. Defendant did not stop, but continued driving down Fair Oaks Boulevard. Simmons stopped his car and instructed his passenger, Whitten, to stay with Smith, who was seriously injured. Simmons then followed defendant to a nearby gas station. Simmons confronted defendant, and told her she needed to return to the scene of the accident. Defendant agreed to follow Simmons back to the scene. When they arrived, however, defendant looked in Smith’s direction and continued driving down Fair Oaks Boulevard. Simmons’s passenger, Whitten, saw defendant…