People v. Hover CA1/5

I. FACTS AND PROCEDURAL HISTORY

During the early morning of March 19, 2021, Corey Gamboa was straddling his motorcycle while talking with another man on a roadway under an overpass near a transient camp. Appellant, then 28 years old, drove his silver Subaru toward them and struck Gamboa while the other man jumped out of the way. Appellant did not stop and crashed into a fence before

1 fleeing the scene. Gamboa was hospitalized with injuries to his right leg. Appellant, who was homeless and abused drugs, had had prior disputes with Gamboa, but told the investigating officers that he had not tried to hit Gamboa with his car. Appellant was charged with attempted premediated murder, assault with a deadly weapon and leaving the scene of an accident, along with an enhancement for great bodily injury. (Pen. Code, §§ 664/187, subd. (a), 245, subd. (a)(1), 12022.7, subd. (a); Veh. Code, § 20001, subd. (a).) Before a preliminary hearing was held, appellant pled no contest to assault with a deadly weapon and leaving the scene of an accident and admitted the great bodily injury enhancement. It was an open plea with no agreement as to sentence, which carried a maximum term of seven years,…