P. v. Smith
This case arises from the death of a two-year-old child, Leal, while under the care of defendant, Clifford Smith. At trial, defendant contended the injuries that caused the death of Leal were the result of cardiopulmonary resuscitation (CPR) attempts by either defendant or emergency personnel applied in response to the childs loss of consciousness. The prosecutions theory of the case was that defendant was a strict disciplinarian who struck or squeezed the child in a moment of frustration over her failure to potty train, causing death prior to the application of CPR. Defendant was convicted on two counts: (1) second degree murder (Pen. Code, 187, subd. (a)),[1]and (2) assault on a child causing death ( 273ab). Defendant was sentenced to state prison for 15 years to life on count 1 and 25 years to life on count 2. The sentence on count 1 was stayed pursuant to section 654.
On appeal, defendant contends his conviction on each count must be reversed because there was insufficient evidence he committed any act against the victim with the requisite intent required for conviction of those crimes. Court disagree and affirm the judgment.
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