People v. Jimenez
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In a case heard by the Court of Appeal, Fourth Appellate District Division One State of California, the appellant, Esteban Jimenez, was convicted of evading an officer while driving recklessly and leaving the scene of an accident. The court also found true a prior strike allegation. Jimenez appealed the conviction on two grounds: (1) that the prosecutor improperly exercised a peremptory challenge in violation of Code of Civil Procedure section 231.7 and state and federal constitutions; and (2) that there was insufficient evidence to convict him of violating Vehicle Code section 20002, subdivision (a) (leaving the scene of an accident).
The appellate court held that the prosecutor did not violate section 231.7 or Jimenez's constitutional rights by exercising the peremptory challenge. The court assessed the reasons given by the prosecutor for the challenge and found no evidence of bias related to the prospective juror's membership in a cognizable group.
However, the appellate court agreed with Jimenez's second argument, concluding that there was insufficient evidence to establish that Jimenez violated Vehicle Code section 20002, subdivision (a). The court found that there was no evidence that Jimenez had knowingly and willfully left the scene or whether Jimenez had provided the information to the wall owner and police as required.
Consequently, the Court of Appeal affirmed Jimenez's conviction for evading an officer while driving recklessly and the prior strike allegation, but reversed his conviction for leaving the scene of an accident. The case was remanded to the trial court with directions to vacate the conviction on that count and to prepare an amended abstract of judgment.
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