P. v. Rowe CA5
This matter was tried as a capital case. After a seven-week trial, Aaron Brian Rowe (appellant) was acquitted of first degree torture murder, but found guilty of second degree murder (Pen. Code, § 187, subd. (a); count 1). Appellant was also acquitted of assault on a child causing death but found guilty of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). The victim was appellant’s 47-day-old daughter, Peyton. The trial court sentenced appellant to prison for a term of 15 years to life for count 1 and imposed a three-year term for count 2, which was stayed pursuant to Penal Code section 654.
At trial, appellant’s defense was accident or, at most, involuntary manslaughter for failing to seek medical attention after an accident. On appeal, appellant contends that (1) the trial court abused its discretion in allowing medical experts to testify that Peyton’s injuries were nonaccidental and traumatic in nature;
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