P. v. Arellano
A jury convicted defendant of second degree murder, assault on a child under eight years of age causing death, and four counts of child abuse. As to the four counts of child abuse, the jury found true the allegation that defendant personally inflicted great bodily injury on a child under the age of five. The trial court sentenced defendant to state prison for a term of 25 years to life plus a consecutive term of 21 years.
On appeal, defendant contends that there was insufficient evidence to support his four convictions for child abuse; the trial court erred in denying his request for an instruction on voluntary intoxication; and imposition of the upper term sentence on one of the counts of child abuse, based on facts not found by the jury, violated his constitutional rights to a jury trial and due process under the Sixth and Fourteenth Amendments. Court affirmed the judgments of conviction and modified the sentence.
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