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People v. Rocha

California Court of Appeals, Fourth District, First Division
Feb 10, 2011
No. D058165 (Cal. Ct. App. Feb. 10, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO ROCHA, Defendant and Appellant. D058165 California Court of Appeal, Fourth District, First Division February 10, 2011

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County, No. SCE298697, Peter C. Deddeh, Judge.

AARON, J.

Francisco Rocha pleaded no contest to fleeing the scene of an injury accident (Veh. Code, § 20001, subd. (a)) with two enhancements for personal infliction of great bodily injury (Pen. Code, § 12022.7, subd. (a)). The court placed Rocha on three years' probation. Rocha appeals, contending that the court erred by denying his section 995 motion to dismiss the section 12022.7 enhancements. The People properly concede the point.

Statutory references are to the Penal Code unless otherwise specified.

FACTUAL BACKGROUND

At around 2:45 a.m. on February 21, 2010, Rocha was driving on a San Diego street at a high rate of speed. Rocha's car struck a Nissan Altima, causing major damage to the Altima and injuring its occupants. One of the Altima's passengers suffered a broken pelvic bone and a concussion. Another passenger received bruises and suffered back, shoulder and neck pain as a result of the collision.

Rocha got out of his car and attempted to exchange information with the Altima's driver, Osama Mqatash. Mqatash told Rocha that he was concerned about his injured passengers and said that he and Rocha would exchange information after Mqatash called 911. Mqatash also said that he was going to call his brother-in-law for help.

Rocha drove away without giving Mqatash his name or address. Mqatash called 911. A deputy sheriff found Rocha's car parked several blocks away. Rocha later said that he had left the accident scene because he was scared, noting that the accident victims were of middle eastern descent and that Mqatash had said that he was going to call his brother.

The Court Erred by Denying Rocha's Section 995 Motion To Dismiss the Section 12022.7 Allegations

In a prosecution for violation of Vehicle Code section 20001, subdivision (a), a section 12022.7, subdivision (a) allegation may attach only if the injury suffered in the accident was caused or aggravated by the defendant's failure to stop and render assistance. (People v. Valdez (2010) 189 Cal.App.4th 82, 84-85, 90.) Here, there was no evidence that any of the injuries were caused or aggravated by Rocha's flight after the accident. Thus, the court erred by denying the section 995 motion.

DISPOSITION

The section 12022.7, subdivision (a) enhancements are reversed. In all other respects the judgment is affirmed.

WE CONCUR: BENKE, Acting P. J., O'ROURKE, J.


Summaries of

People v. Rocha

California Court of Appeals, Fourth District, First Division
Feb 10, 2011
No. D058165 (Cal. Ct. App. Feb. 10, 2011)
Case details for

People v. Rocha

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO ROCHA, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Feb 10, 2011

Citations

No. D058165 (Cal. Ct. App. Feb. 10, 2011)