People v. Nelson CA3

FACTS AND PROCEEDINGS

The facts are taken from the prosecutor’s statement of the factual basis for defendant’s plea of no contest to the hit-and-run offense at the plea hearing, the probation officer’s report, and the police report. The probation officer’s recitation of the underlying facts is taken from the police report. Defendant concedes the police report is accurate, with two exceptions that are not relevant to the resolution of this appeal. At around 10:30 p.m. on June 15, 2014, defendant struck a pedestrian with his vehicle on Marconi Avenue in Sacramento after the pedestrian walked into the roadway. At the time of the accident, defendant was driving approximately 40 miles per hour. The roadway was not well illuminated and the pedestrian was wearing a long black coat, dark blue jeans, and black/red shoes. Following the collision, defendant did not stop; instead, he immediately left the place of the accident, parked his vehicle, and fled on foot. The pedestrian was later taken to the hospital and died about three hours later as a result of the injuries he sustained from the collision. On June 17, 2014, defendant turned himself into the police. He confessed to being the…