P. v. Jimenez CA4/3
Based on a vehicle-pedestrian collision incident, a jury convicted defendant Ricardo Jimenez of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1) and leaving the scene of an accident that resulted in an injury to another person (Veh. Code, § 20001, subd. (a); count 2); the jury found true that Jimenez inflicted great bodily injury (Pen. Code, § 12077, subd. (a)). The trial court sentenced Jimenez to an aggregate prison term of 43 years to life based on sentencing enhancement allegations found true for prior serious or violent felony convictions as well as aggravating circumstances.
Jimenez contends the trial evidence was insufficient for the jury to find he had driven his vehicle with the requisite knowledge about his victim’s presence. We conclude substantial evidence supports the jury’s finding, but because the prison term in the abstract of judgment conflicts with the trial court’s oral pronouncement of judgment, we modify the judgment and affirm.
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