People v. Delgado CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts of the Offense In 2009, defendant, then 20 years old, lived at his grandfather’s house on Thainwood Way in San José.2 On the evening of January 19, neighbors saw defendant “doing donuts” in the street with his grandfather’s car. Defendant drove away after striking a fence, but soon returned on foot and retreated into his grandfather’s house while neighbors gathered outside. He subsequently exited the house, got into his grandfather’s Honda Civic parked in the driveway, and drove the car across a neighbor’s front lawn. In doing so, he struck and killed Donna Fife, one of the neighbors. He then drove away from the scene. Police detained him several hours later.

2 All dates occurred in 2009 unless otherwise specified.

2 1. Testimony of Adnan Rasheed Adnan Rasheed lived across the street from Donna Fife’s house on Thainwood Way. At around 11 p.m. on January 19, Rasheed heard the sound of tires squealing. He went outside and saw a lot smoke. A black car was “doing donuts” (driving in circles). Rasheed identified defendant as the driver. After defendant made the last donut, he drove down Thainwood Way. He attempted to make another donut…