People v. Leon CA2/6

Filed 11/16/20 P. v. Leon CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B302502 (Super. Ct. No. 2015040930) Plaintiff and Respondent, (Ventura County)

v.

BRANDON STEVEN LEON, Defendant and Appellant.

Brandon Steven Leon appeals his conviction by jury for hit and run causing death (count 1; Veh. Code, § 20001, subd. (b)(2))1, failure to perform a duty following an accident (count 2; § 20001, subd. (a)), misdemeanor driving with a license that was suspended for driving under the influence (DUI) (count 3; § 14601.2, subd. (a)), and operating a vehicle without an ignition interlock device (§ 23247, subd. (e)). The trial court sentenced appellant to four years state prison on count 1 (hit and run causing death), a concurrent two years on count 2, a consecutive

All statutory references are to the Vehicle Code unless 1

otherwise stated.

180 days county jail on count 3, and a concurrent 180 days county jail on count 4. Appellant contends that the counts 1 and 2 hit- and-run convictions must be reversed because he was not conscious when he fled the scene. We strike the conviction on count 2 (failure to perform a duty following an accident; § 20001, subd. (a)) and affirm the judgment as modified. (Pen. Code, § 1260.) Facts and Procedural History On the evening of December 28, 2015, appellant drove his Chevrolet Silverado truck into the path of a van driven by Jesus Rodriguez on Old Telegraph Road, a few miles west of Fillmore. Rodriguez’s wife, Maria, was a passenger in the van. The impact caused the vehicles to spin off the road into an agriculture field, and broke the drive train on appellant’s truck. Michael Smith and Kristen Dewey witnessed the collision and called 911. Appellant revved the engine and ground the gears but could not move the truck. Appellant crawled out the truck passenger door, inspected the truck damage, looked inside the Rodriguez van, and walked away when he heard the emergency vehicle sirens. Firefighters extracted Mr. and Mrs. Rodriguez from the van and transported them to the hospital where Mrs. Rodriguez died. Police officers determined that appellant was the registered owner of the truck and that his driver’s license was suspended based on a 2014 DUI conviction. Appellant, as term of probation, had to install an ignition interlock device in the truck but there was none. Appellant walked up a riverbed back to his house in Fillmore. The next morning, appellant hired a lawyer and turned himself in at the CHP office where he was interviewed and arrested. Appellant said the collision gave him a concussion, that