(Super. Ct. No. CR082836)
The opinion of the court was delivered by: Duarte , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Noelle Marie Warren appeals her conviction for hit and run with permanent serious injury (Veh. Code,*fn1 § 20001, subds. (a), (b)(2)). She first contends there was insufficient evidence to prove that she was the actual driver of the involved vehicle. She next contends the abstract of judgment does not accurately reflect the trial court's sentence. We disagree with the first contention and agree with the second, which the People properly concede. Accordingly, we shall affirm but order the abstract of judgment corrected.
FACTUAL AND PROCEDURAL BACKGROUND
On August 27, 2007, Jonathan Pinkerton, Kyle Daubert and Daniel Mastrup were riding motorcycles on Russell Boulevard. Daubert and Pinkerton were riding side by side with Mastrup in front. Around 8:30 or 8:45 p.m., a vehicle struck Pinkerton from behind and also knocked Daubert off of his motorcycle. Mastrup heard the sound of a collision behind him. He turned and saw an SUV approaching him. As it passed, he saw a motorcycle underneath it. It was a dark red maroon, large SUV--a Suburban, Yukon or Tahoe--manufactured between 1999 and 2004. He believed it had a damaged rear axle, sway bar and shock mount. It was traveling in excess of 55 miles per hour and swerving erratically.
Mastrup turned around to look for his friends. He saw Daubert running down the road and joined him to find Pinkerton in a ditch, with Daubert's motorcycle on top of him. Pinkerton had suffered a collapsed lung and needed his spleen removed. Daubert sustained sprains, scars and bruises. He did not see the driver of the SUV that hit him.
Mastrup thought he saw four people in the SUV. At trial, he described the driver as an average-sized female with dark brownish blonde hair, which was either short or pinned like a pony tail. She looked young, like a "cute high school girl" and had "soft" features.
Initially, Mastrup told police there were four people in the car with short hair. He might also have described the driver as a Hispanic male. Mastrup later disclaimed knowing whether the driver was male or female and expressed uncertainty about what the driver looked like. Mastrup first described the driver as female nine months after the accident and after the identification of a suspect in the case. He also indicated the driver was "majority Caucasian" or could have been a fair-skinned Hispanic. At trial, Mastrup acknowledged he might have previously described the driver as Hispanic, but claimed this was an error caused by confusion at the scene and the fact he was shaken up.
Defense expert Robert Shomer testified about the decreased ability of witnesses to make accurate identifications when in a life-threatening situation and ...