P. v. Silva CA1/4
This case arises out of a hit-and-run, but the evidence shows it was no accident. Darren James Silva was convicted of attempted willful, premeditated and deliberate murder (Pen. Code, §§ 187, subd. (a), 664), with personal infliction of great bodily injury (§ 12022.7, subd. (a)), after he ran over a pedestrian, Margaret Contreras, with his pickup truck and then departed the scene. He was sentenced to 15 years to life on the attempted murder, with three consecutive years for the great bodily injury enhancement.
Silva raises on appeal nine claims of error: (1) insufficiency of the evidence to support the finding of premeditation and deliberation; (2) refusal of his request for instruction on third party culpability (CALCRIM No. 373); (3) failure to instruct sua sponte on third party culpability; (4) the instructions’ failure to relate the third party perpetrator defense to the prosecution’s burden of proof; (5) erroneous admission into evidence of a residential surveillance
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