California v. Nuno

Rudolfo Nuno hit a person with his car, causing serious injuries. He drove a few blocks away and called 911 to report the incident. He was later charged with assault with a deadly weapon, battery with serious bodily injury, making a criminal threat, and felony hit-and-run. The jury convicted him only of hit-and-run and acquitted him of the remaining charges. The court sentenced him to a middle term of two years after finding him presumptively ineligible for probation under Penal Code section 1203 (e)(2) as a person "who used or attempted to use a deadly weapon upon a human being in connection with the perpetration of the crime of which he . . . has been convicted." Nuno argued on appeal the evidence presented at trial was insufficient to support hit-and-run because he called for assistance soon after the incident. He also claimed the trial court erred at sentencing in finding him presumptively ineligible for probation and not finding this an "unusual case[]" entitling him to probation "in the interests of justice." While the Court of Appeal determined there was sufficient evidence to support Nuno’s conviction, it remanded for resentencing because the court erroneously believed Nuno to be presumptively ineligible for probation. View "California v. Nuno" on Justia Law