People v. Hernandez CA1/5

Good Law
Court of Appeal of CaliforniaJune 30, 2022A162953California1,684 words

Opinion

Opinion

BACKGROUND

In brief, according to the probation report, in September 2020 Appellant turned left at a red light, caused a crash involving two other cars, and fled the scene. The occupants of the other cars were injured. Hours later, Appellant contacted the police and claimed he entered the intersection to turn when the light turned green. He left the scene because his license had been revoked and he thought he would go to jail.

1 In April 2021, pursuant to a plea agreement, Appellant pleaded no contest to leaving the scene of an accident (Veh. Code, § 20001, subd. (a)) and the remaining charges—driving with a suspended license (Veh. Code, § 14601.1, subd. (a)) and failure to stop at a red light (Veh. Code, § 21453, subd. (a))—were dismissed with a Harvey waiver.1 The plea agreement specified that Appellant would be placed on two years’ formal probation and “assess[ed] for treatment/treatment if appropriate.” In June 2021, the trial court placed Appellant on two years’ probation with terms and conditions recommended by the probation department. Three conditions required Appellant to pay restitution to the victims “plus interest at 10% per year from the date of sentencing, in a…

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