P. v. Robles

Filed 5/3/06 P. v. Robles CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. James C. McGuire, Judge. Affirmed.

Stephen S. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant Frank Anthony Robles.

Richard L. Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant Jennifer Christine Robles.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Rhonda L. Cartwright-Ladendorf, Supervising Deputy Attorney General, and Annie Featherman Fraser, Deputy Attorney General, for Plaintiff and Respondent.

Frank Anthony Robles and Jennifer Christine Robles, defendants and appellants (hereafter referred to either individually by their respective first name or collectively as defendants), are husband and wife who were prosecuted in a joint trial, Frank for the death by abuse of two-year-old Bradley C., and both for the abuse of his twin brother Bryce C. The jury found Frank guilty as charged of assault on Bradley causing the child's death, a violation of Penal Code section 273ab (count 1), and of the felony child abuse of Bryce , a violation of Penal Code section 273a, subdivision (a) (count 2).^[1] The jury found Jennifer guilty on count 2 of the lesser included offense of misdemeanor child abuse, a violation of Penal Code section 273a, subdivision (b).

Both defendants appeal from the judgments entered against them. Jennifer contends that the jury's verdict finding her guilty of misdemeanor child abuse is not supported by substantial evidence. Frank raises various claims of error directed at the jury's guilty verdicts and the trial court's sentence. We conclude that defendants' claims are meritless, and therefore we will affirm the judgment as to each of them.

FACTS

The charges in this case stem from events that occurred, or culminated, on May 28, 2002, the day after Memorial Day, at defendants' home where Jennifer provided child care for Bradley and Bryce, the two-year-old twin sons of Angela C. On that day, Jennifer called 911 about 5:40 p.m. and reported that Bradley was breathing shallowly and appeared lifeless. Paramedics transported the child, who had obviously sustained a major head injury, to a local hospital. Bradley was comatose and having seizures when he was admitted. A critical care physician evaluated the child and placed him on life support. Another physician performed emergency surgery to relieve pressure in the child's cranial cavity. Although his chance of surviving was slim, the surgeon had Bradley transferred by helicopter to Loma Linda University Medical Center where the child died two days later.

Although the evidence presented at trial did not establish exactly how Bradley's injuries had been inflicted, the fact that they were inflicted by someone, rather than the result of an accident as defendants claimed, was established by each physician, including the defense expert, who testified. The only issue at trial was whether Frank was the person who had inflicted Bradley's injury. There was evidence, the details of which we recount below, to show that someone had also physically abused Bryce, as a result of which the child had suffered numerous fractures, including ones to his head, arm, ribs, hand, and foot.

Defendants' daughter, R., who was four years old at the time of the incident, and six years old by the time of trial, testified, in pertinent part that her daddy (Frank Robles) was nice to her but was mean to Bryce and Bradley because he did not like them. According to R., Frank sat on Bradley because he wanted to hurt him and he told R. to jump on Bradley when the child was on the floor but she didn't because she â€