P. v. Torres
Defendant was charged with one count of murder (Pen. Code, 187),[1]one count of assault on a child resulting in death ( 273ab), one count of child endangerment ( 273a, subd. (a)) and one count of inflicting corporal injury on a child. ( 273d, subd. (a).) It was alleged as to the last two counts that she personally inflicted great bodily injury on a child within the meaning of section 12022.7, subdivision (d). After the close of the prosecutions case in chief at her jury trial, the trial court granted the prosecutions motion to reduce the charges in counts one and two to a charge of voluntary manslaughter ( 192, subd. (a)) and a charge of inflicting corporal injury on a child. ( 273d, subd. (a).) Both sides waived jury trial and the trial continued as a court trial. The trial court convicted defendant of all four counts and found the great bodily injury allegations to be true. The court sentenced defendant to an aggregate unstayed prison term of 14 years and four months.
On appeal, defendant claims (1) the prosecutor committed prejudicial misconduct by contacting one of her expert witnesses pretrial resulting in a violation of her right to adequately confront and cross-examine the witnesses against her, (2) such misconduct also resulted in a critically weakened defense impermissibly putting her into a position where she was forced to waive her right to jury trial, (3) insufficient evidence supports the convictions, and (4) evidence of defendants interrogation by police was erroneously admitted. As we reject these contentions, Court affirm the judgment.
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