P. v. Smith CA3
Following a joint trial, a jury found defendants Ashleigh Smith and Terry Scott guilty of second degree murder and assault resulting in the death of a child. The trial court sentenced the pair to state prison for an indeterminate term of 25 years to life on the latter count, staying the former.
Defendant Smith argues the evidence is insufficient to support her convictions, there was instructional error with respect to her murder conviction, and the trial court erred in admitting evidence of past abuse. Defendant Scott contends that the statute proscribing an assault that results in the death of a child (Pen. Code, § 273ab) is not constitutional, and the pattern instruction describing the necessary intent for the offense is accordingly defective. We shall reverse defendant Smith’s conviction for second degree murder, and otherwise affirm.
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