P. v. Molina
In case No. LA043208, Victor Manuel Molina (defendant) was charged with murder (Pen. Code, 187; count 1);[1] assault on a child under eight years of age resulting in death ( 273ab; count 2); child abuse ( 273a, subd. (a); count 3); and child beating ( 273d; count 4). The information alleged the intentional infliction of great bodily injury ( 12022.7, subd. (a)) in count 1 and the intentional infliction of great bodily injury on a child under the age of five years ( 12022.7, subd. (d)) in counts 3 and 4, and that defendant had a prior serious felony conviction requiring a five-year enhancement and triggering the sentencing scheme in the Three Strikes law ( 667, 1170.12).[2] There were two trials. During the initial trial, the jury returned verdicts of guilty of child abuse (count 3) and of child beating (count 4), with a finding that the intentional infliction of great bodily injury on a child under the age of five years was true. The jury acquitted defendant of first degree murder, but was deadlocked as to second degree murder (count 1) and assault (count 2). The trial court declared a mistrial, and defendant was retried on second degree murder and assault on a child under eight years of age resulting in death. In the second trial, the jury returned guilty verdicts on second degree murder and assault on a child under eight years of age resulting in death. In bifurcated proceedings, defendant admitted the prior serious felony conviction, a 1999 conviction of voluntary manslaughter in case No. BA176184.
The judgment is affirmed. Court order the clerical error in the abstract of judgment to be corrected to reflect the second degree murder conviction, in lieu of a conviction of first degree murder. Upon issuance of the remittitur, the superior court cause its clerk to prepare an amended abstract of judgment and send it to the California Department of Corrections and Rehabilitation.
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