People v. Hernandez CA3

BACKGROUND

On January 27, 2017, the prosecution filed a complaint charging defendant with assault with a deadly weapon not a firearm (Pen. Code, § 245, subd. (a)(1); count 1) and driving under the influence of alcohol or drugs causing injury (Veh. Code, § 23153, subd. (a); count 2). Defendant was arrested on or about June 5, 2018. She was arraigned on June 13, 2018. On January 8, 2019, the prosecution filed an information charging her with the same counts charged in the complaint. The Prosecution’s Case The victim was defendant’s boyfriend. They had been living together. On December 15, 2016, they had been drinking and driving around. Defendant was driving. They began to argue. The victim said he did not want to be with defendant anymore. Defendant stopped in the middle of the freeway and the victim got out of the car. The victim slammed the door and started walking. The next thing the victim remembered was waking up in the hospital. A tow truck operator observed a silver Honda Accord stopped on Interstate 5. He saw two people outside of the vehicle. One of the people ran towards the freeway shoulder. The Honda then started moving “[f]aster than normal.” The Honda struck the…