People v. Capetillo

In People v. Capetillo (1990) 220 Cal.App.3d 211, the court had difficulty defining the illegal act that the defendant committed. Capetillo was driving a stolen car and was involved in an accident in which the other driver was injured. Capetillo fled the scene. (Capetillo, supra, 220 Cal.App.3d at p. 215.) The reviewing court held that joyriding was not an illegal act committed when driving within the meaning of the statute, and therefore the evidence lacked substantial support showing the joyriding was the proximate cause of the accident and resulting injuries. (Id. at pp. 217, 220.) As for the hit and run, even assuming this was the illegal act committed when driving, there was no evidence that suggested the victim's injures were aggravated by Capetillo's fleeing the scene. (Id. at p. 220.) Thus, the prosecution failed to prove any injuries or aggravation to existing injures were proximately caused by Capetillo's failure to identify himself and render aid, and there was no support for a conviction of felony drunk driving. (Ibid.) The court modified the judgment and reduced the felony drunk driving conviction to the necessarily included crime of driving under the influence in violation of section 23152. (Capetillo, at p. 221)