P. v. Wilburn CA5
A jury convicted John Wilburn of second degree murder and assault on a child with force likely to produce great bodily injury, resulting in the child’s death (informally known as child abuse homicide). Wilburn presents a claim of instructional error, arguing the jury was misinformed that the latter offense is a general intent crime. Against the weight of authority on this issue, he contends that a conviction under Penal Code section 273ab requires proof of a specific intent to cause injury. We are obligated to follow California Supreme Court precedent that holds otherwise. Accordingly, we affirm the judgment.
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