Nuno

*45 Rudolfo Nuno hit a person with his car, causing serious injuries. He drove a few blocks away and called 911 to report the incident. Charged with assault with a deadly weapon (the car) ( Pen. Code § 245, subd. (a)(1) ), 1 battery with serious bodily *581 injury (§ 243, subd. (d) ), making a criminal threat (§ 422), and felony hit-and-run ( Veh. Code, § 20001, subd. (a) ), the jury convicted him only of hit-and-run and acquitted him of the remaining charges. The court sentenced him to a middle term of two years after finding him presumptively ineligible for probation under section 1203, subdivision (e)(2) as a person "who used or attempted to use a deadly weapon upon a human being in connection with the perpetration of the crime of which he ... has been convicted."

Nuno argues insufficient evidence supports his hit-and-run conviction because he called for assistance soon after the incident. He also claims the court erred at sentencing in finding him presumptively ineligible for probation and not finding this an "unusual case[ ]" entitling him to probation "in the interests of justice." (§ 1203, subd. (e).) As we explain, there is sufficient evidence to support his conviction.…