California v. Jimenez

Jose Jimenez led peace officers on a high-speed chase with his four- and six-year-old daughters in the car. At one point during the pursuit, he drove straight toward a patrol vehicle in an apparent game of "chicken." The deputies yielded to avoid the collision. A jury sentenced Jimenez to 13 years, four months. On appeal, Jimenez argued the prosecution's failure to disclose a purportedly exculpatory police report violated Brady v. Maryland, 373 U.S. 83 (1963), and the trial court's denial of his motion for a new trial based on that newly discovered evidence was reversible error. He also contended the imposition of separate punishments for the counts of assault and evasion of a peace officer violated Penal Code section 654.1 The Court of Appeal rejected these claims, but concluded Jimenez was entitled to a remand for resentencing to allow the trial court to exercise its discretion to determine whether to strike the five-year enhancement imposed under sections 667(a)(1) and 1385, which were amended after Jimenez's sentencing, effective January 1, 2019. In all other respects, the Court affirmed. View "California v. Jimenez" on Justia Law