California Court of Appeal

In a case in which defendant drove his car onto the Venice Beach Boardwalk and plowed into10 separate groups of people in close succession, his sentence and convictions of second degree murder, Pen. Code section187(a), counts of assault with a deadly weapon, section 245(a)(1), felony counts of leaving the scene of an accident, and misdemeanor counts of leaving the scene of an accident, Veh. Code section 20001(a)), are affirmed where: 1) the prosecutor's reference to defendant's post-Miranda silence was a fair response to defendant's trial testimony that he cooperated fully with police; and 2) defendant was properly convicted of 10 counts of fleeing the scene of an accident because there were 10 distinct accidents after which he could have stopped and rendered aid but did not.

Appellate Information

• Published 2017/06/08

Judges

• TANGEMAN

Court

• California Court of Appeal

Counsel