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Name: People v. Wood
Case #: D034595
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/14/2000
Subsequent History: None
Summary

Because the gravamen of the offense of “hit and run” under Vehicle Code section 20001, is the flight of the defendant from the scene of the accident, a conviction for his offense can only be a serious felony within the meaning of Penal Code section 667, subsections (b) through (i), where the flight is the cause of the serious injury. Here the prosecutor relied on the defendant having personally inflicted great bodily injury within the meaning of section 1192.7, subdivision (c)(8). However, extending People v. Braz (1998) 65 Cal.App.4th 425, the Court of Appeal here held that because it was the original impact and not the flight which caused the serious bodily injury, such conduct did not qualify as a serious felony.