P. v. Guerrero
A jury found defendant Javier Oliva Guerrero guilty of involuntary manslaughter (as a lesser offense of the charge of murder) and assault on a child under eight with force likely to produce great bodily injury that resulted in death (hereafter child abuse homicide). (People v. Malfavon (2002) 102 Cal.App.4th 727, 731). The trial court sentenced him to state prison, staying sentence on the conviction for involuntary manslaughter pursuant to Penal Code section 654. The defendant asserts that the evidence failed to show that he had any subjective awareness of circumstance that would lead a reasonable person to realize that the nature of his actions would inflict great bodily injury. The defendant argues the evidence is consequently insufficient to sustain his assault conviction. Court shall affirm.
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