People v. Moreno CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

A. The Crash and Physical Evidence Around 8:00 p.m. on Saturday, June 3, 2017, Rico told his mother he was going for a walk and left her home in Lamont. At approximately 9:40 p.m., a California Highway Patrol (CHP) officer, Ahearn Lucas, was dispatched in response to a report that a vehicle had hit a utility pole on State Route 184 (SR-184). SR-184 is a two-lane highway, running north to south, with “a nine-foot divided section” marked by double yellow lines that functions as a divider. Although the stretch of road at issue was not well-lit, on the night in question the weather was “clear and calm” and there were “no unusual conditions” such as potholes. While Officer Lucas was en route, he received an updated report that a vehicle had hit a pedestrian. Upon arriving at the scene at 10:07 p.m., the officer discovered a deceased person, later identified as Rico. Rico was lying on the dirt shoulder of SR-184’s northbound lane, several feet from the asphalt. He “had severe head trauma,” and his leg appeared to be broken.

1 As a result of our disposition, we need not address Rodriguez’s numerous other arguments for reversal, most of which…