P. v. Merchant
This decision is the result of a transfer from the Supreme Court after it issued an order granting the Attorney Generals petition for review of our original decision and deferred briefing pending resolution of People v. Modiri (2006) 39 Cal.4th 481 (Modiri). The pertinent procedural details are that a jury found defendants and appellants Eileen M. Merchant (hereafter defendant Merchant) and Michael C. Gramaje (hereafter defendant Gramaje) (collectively defendants) guilty of numerous charges including felony child endangerment, torture, and assault with a deadly weapon (the latter two as to defendant Merchant only). In their consolidated appeal, Court held that the various claims of error raised by defendant Gramaje were meritless, but Court agreed with defendant Merchants claim that the evidence was insufficient to support the jurys true findings on two allegations under Penal Code section 12022.7, subdivision (d) that in committing the felony child endangerment and the assault with a deadly weapon, defendant Merchant personally inflicted great bodily injury on K., the six-month old victim of all the crimes. Accordingly, Court affirmed as to defendant Gramaje and struck the two section 12022.7, subdivision (d) enhancements as to defendant Merchant and affirmed as modified.
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