Edith Delgado, the 19-year-old Redwood City woman recently sentenced in the car crash that killed two members of the Tongan royal family, may not have to go back to jail.
A judge will hear a motion Friday to delay sentencing pending an appeal filed by Delgado’s attorney Randy Moore.
Last Friday, Delgado was given a two-year sentence and three years probation after she was convicted on three counts of misdemeanor vehicular manslaughter.
Delgado, free on $40,000 bail, was ordered to return to jail Sept. 1 to serve the remainder of her sentence. Moore sought only probation and told the judge that Delgado’s year already served in jail was sufficient.
“She was convicted of three misdemeanors based on one act of negligence,” said Tanya Levinson, an attorney and colleague of Randy Moore. She said the sentence was more suitable for a felony conviction.
Levinson said that if the judge agrees to delay the sentencing pending a decision on the appeal, she may not have to go back to jail for at least a year because of the long appeal process. Deputy District Attorney Steve Wagstaffe said that because it was a misdemeanor conviction, prosecutors expect the judge to grant a stay on the sentence.
Delgado was convicted in June for a July 5, 2006, incident in which she sideswiped a red Ford Explorer with her white Ford Mustang. The Explorer rolled over, claiming the lives of its passengers: Tongan Prince Tu’ipelehake, 56; Princess Kaimana, 46; and their driver, Vinisia Hefa, 36, of East Palo Alto. Prosecutors had claimed that Delgado was racing an unidentified black Cadillac Escalade just before the crash.
Delgado, who has already spent a year in jail, would have had to spend about another five months in jail with the credit for good behavior, Wagstaffe said.