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People v. Ryan2/3/1981
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR
Crim. No. 20726
1981.CA.41015 ; 116 Cal. App. 3d 168; 171 Cal. Rptr. 854
February 3, 1981
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
PHILIP ALAN RYAN, DEFENDANT AND APPELLANT
Superior Court of Marin County, No. 7218, Louis H. Burke, Judge.
Carl B. Shapiro and Shapiro & Shapiro for Defendant and Appellant.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William D. Stein and Stan M. Helfman, Deputy Attorneys General, for Plaintiff and Respondent.
Opinion by Caldecott, P. J., with Christian and Poche, JJ., concurring.
Caldecott
Philip Alan Ryan (appellant) was convicted following jury trial of felony drunk driving in violation of Vehicle Code section 23101, subdivision (b) (count one); failure to stop at the scene of accident (hit and run driving causing injury) in violation of section 20001 (count two); and reckless driving in violation of section 23103 (count three).
Appellant had filed motions to set aside the information and to suppress evidence pursuant to Penal Code sections 995 and 1538.5, respectively. The motion to suppress evidence was granted and the motion to set aside the information was denied. After a sentencing hearing the court suspended imposition of sentence and placed appellant on supervised probation for the period of three years on condition that he make restitution to the victims, serve six months in county jail and enter a program of counselling or therapy.
On May 31, 1979, at approximately 8:30 p.m., Helen Gross was driving her car west on Sir Francis Drake Boulevard in Fairfax, Marin County. Her young daughter was in the car with her. In the car behind Helen Gross were Greg Duncan and Debra Sullivan. Traffic on Sir Francis Drake Boulevard was sparse and it was still light.
As Gross approached Pastori Street, she saw a dark blue foreign compact car making a left turn. Gross prepared to pass the car on the right; as she did so, instead of completing the turn, the car cut Gross off and proceeded ahead of her on Sir Francis Drake Boulevard. When the car was even with hers, she looked at the driver. She described him as about 40 years old, Caucasian, with dark facial hair. As a result of this episode, Gross focused her attention on the blue vehicle. Duncan had witnessed the event, and this brought the blue vehicle, a Datsun, to his attention as well.
A short distance up the road, Gross, Sullivan and Duncan saw a person kneeling or squatting next to a Corvette parked next to the curb; they saw the blue Datsun veer or curve toward the person. Gross and Sullivan saw the right front portion of the blue Datsun hit the person and throw him forward a substantial distance. Gross thought she heard the sound of the impact; the driver of the parked car, to whom the victim had been talking, saw and heard the impact. They saw the Datsun stop or pause, then maneuver around the body, and then take off at a high rate of speed. Gross stopped her car immediately and went to the scene to render aid to the victim, who was lying in the street and bleeding heavily from the head. Duncan and Sullivan pursued close behind the fleeing Datsun. There followed a high spee
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