P. v. Burden CA4/2
Defendant and appellant Harby Ausbon Burden appeals from his conviction for first degree murder by torture, with a special circumstance of torture; torture; and assault on a child, causing death. His primary contention is that the evidence is insufficient to support the torture verdicts and findings because the evidence showed nothing more than “explosive outbursts of violence” in disciplining his four-year-old son and did not show a “malicious intent to torture.” We conclude that substantial evidence supports the torture and torture-murder verdicts, as well as the torture-murder special circumstance. We also reject defendant’s contention that the parole revocation restitution fine imposed pursuant to Penal Code section 1202.45, subdivision (a), must be stricken. Accordingly, we will affirm the judgment.
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