People v. Hart CA1/4

Background Defendant was charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and hit-and-run driving causing serious injury (Veh.

1 Code,1 § 20001, subd. (b)(2)). As to the assault charge, the information further alleged that defendant inflicted great bodily injury on the victim (Pen. Code, § 12022.7, subd. (a)). The jury acquitted defendant of both counts but found him guilty of the lesser included offense of failing to perform a legal duty following a car accident that caused injury (§ 20001, subd. (b)(1)).2 The trial court suspended imposition of sentence and placed defendant on formal probation for two years on the condition that he serve 90 days in jail. The following evidence was presented at trial:

All statutory references are to the Vehicle Code unless otherwise noted. 2 Section 20001, subdivision (a) requires, as relevant here, that “[t]he driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, . . . shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Section[] 20003.” Section 20001 subdivision (b)(1) provides the punishment for a violation…