California Court of Appeal

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People v. Anderson, D050432

Conviction for felony hit and run resulting in death is affirmed over claims that the court committed prejudicial error by: 1) excluding evidence that the victim was suicidal and expert testimony on "fight or flight" syndrome, which the court had allowed defendant to present in the first trial; 2) refusing defendant's proposed instructions on constructive knowledge; 3) failing to sua sponte give a unanimity instruction; 4) instructing the jury under CALCRIM No. 2140; 5) refusing to allow defendant reopen his case following closing arguments; and 6) ordering restitution as a condition of probation.

Appellate Information

  • Decided 01/27/2009
  • Published 01/27/2009


  • NARES, J.


  • California Court of Appeal


  • For Appellees:
  • Stephen M. Hinkle, Oceanside, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch, Ivy B. Fitzpatrick and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent.
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