P. v. Choi
Filed 10/19/10 P. v. Choi CA4/3
Reposted to correct format
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
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publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH
APPELLATE DISTRICT
DIVISION
THREE
THE PEOPLE,
Plaintiff and Respondent,
v.
SUNYHE CHOI,
Defendant and Appellant.
G039785
(Super. Ct. No. 05HF1371)
O P I N I O N
Appeal from a judgment
of the Superior Court
of Orange
County, Frank F. Fasel, Judge.
Reversed and remanded.
Quin Denvir for
Defendant and Appellant.
Edmund G. Brown, Jr.,
Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W.
Schons, Assistant Attorney General, Peter Quon, Jr. and Quisteen S. Shum,
Deputy Attorneys General, for Plaintiff and Respondent.
* * *
I. INTRODUCTION
This tragic case arises
out of the death of nine-month-old Nicole Jeong while in the care of her
babysitter, Sunyhe Choi, in the late afternoon of August 1, 2005.
Choi was subsequently convicted of second degree murder and assault on a
child with force likely to produce great bodily injury resulting in death. Choi was sentenced to 25 years to life for
the assault charge and 15 years for the second
degree murder, albeit the latter sentence was stayed since it arose out of
the same facts as the assault charge.
(See Pen. Code, § 654.)
There is no question, as
we shall soon see, that there was substantial evidence to support the
conviction. Dr. Joseph Halka, a contract
forensic pathologist who performed the autopsy on Nicole the day after her
death, testified that he found six or seven separate points of bleeding on
Nicole's head. Those points of bleeding,
he opined, represented â€
| Description | This tragic case arises out of the death of nine-month-old Nicole Jeong while in the care of her babysitter, Sunyhe Choi, in the late afternoon of August 1, 2005. Choi was subsequently convicted of second degree murder and assault on a child with force likely to produce great bodily injury resulting in death. Choi was sentenced to 25 years to life for the assault charge and 15 years for the second degree murder, albeit the latter sentence was stayed since it arose out of the same facts as the assault charge. (See Pen. Code, § 654.) There is no question, as we shall soon see, that there was substantial evidence to support the conviction. Dr. Joseph Halka, a contract forensic pathologist who performed the autopsy on Nicole the day after her death, testified that he found six or seven separate points of bleeding on Nicole's head. Those points of bleeding, he opined, represented †|
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