People v. Johnson

I. FACTUAL AND PROCEDURAL BACKGROUND

On December 29, 2013, a vehicle driven by defendant veered into and across

oncoming traffic lanes, striking a bicycle travelling in the opposite direction in the

bicycle lane. Defendant did not slow or stop after the collision. The bicyclist died on

January 11, 2014, of injuries sustained in the collision.

Further undesignated statutory references are to the Penal Code.

2 Defendant had recently been hospitalized for treatment for addiction to pain

medication, and at the time of the collision on December 29, 2013, was driving home

from follow-up outpatient therapy. He had taken several antianxiety medications, Xanax

and Neurontin, as well as Cymbalta for depression. He also drank a half-pint bottle of

vodka during the drive.

After the collision, another motorist saw defendant run a stop sign, nearly causing

another collision, and shortly thereafter, at a stoplight, observed him to be “hunched

down” in the driver’s seat. Defendant’s son observed that defendant appeared “out of it”

and “shaken” when he arrived home on the day of the accident, and that his vehicle had

suffered new damage. After the accident, a neighbor saw…