People v. Hong CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The prosecution’s case 1. Jorge Rosales’s testimony Rosales testified he was driving northbound on highway 85 near the Evelyn Avenue off ramp during the early evening hours on June 23, 2012. As he took the off- ramp, he noticed glass, debris, oil and some other sort of liquid on the roadway, then looked and saw a car smashed into a tree on a hill on the side of the road, with smoke

1 Unspecified statutory references are to the Penal Code.

2 coming from its hood. He did not see any skid marks. Rosales stopped on the shoulder and ran over to the car to see if he could help. Rosales saw a young woman inside, with her left hand on the steering wheel and the other on her chest. He could not see any injuries, other than a little blood coming from the side of her head. Rosales started to reach inside to take her pulse, but noticed she was not moving or breathing, so he immediately called 911. 2. Craig Ward’s testimony Ward testified he was driving northbound on highway 85 near Evelyn Avenue on June 23, 2012, at around 6:00 p.m. He was in the leftmost of three lanes, i.e., the “fast lane,” and was traveling “about 70 [mph].”…