Rice

People v. Rice

Good Law
126 Cal. App. 3d 477·178 Cal. Rptr. 647·1981 Cal. App. LEXIS 2436
Court of Appeal of CaliforniaNovember 4, 1981Crim. No. 5051California2,222 words

Opinion

Lead Opinion

Appellant was convicted after jury trial of felony hit- and-run driving (Veh. Code, § 20001). He appeals from the order granting probation.

*479 Confrontation

Appellant first contends that the trial court violated his constitutional right to confront and cross-examine a prosecution witness. He appears to assert that the error was per se reversible.

Manette Rollins testified that on July 22, 1979, at about 9:30 p.m., she was driving home with Peggy Watts when her car’s tire went flat. They pulled to the side of the rpad, Avenue 96, Pixley. Ms. Rollins went to the left rear bumper, where she held a flashlight while Ms. Watts jacked up the car. The emergency lights were flashing. A week later, she awakened in the hospital, with serious injuries and in critical condition. She did not see the vehicle that hit her and had no idea who its occupants were, and no one contacted her about their involvement in the accident.

Ruth Doyle testified that on the morning of July 22, 1979, from the window of her house on Avenue 128, Tipton, she saw codefendant Marion Rice, who had pulled off at the edge of her driveway in a car hitched to a trailer which was not damaged. On July 23,…

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