P. v. Torres
Defendant appeals from the judgment entered following conviction by a jury of second degree murder (Pen. Code, SS 187, subd. (a), 189), assault on a child resulting in death (S 273ab), and felony child abuse. (S 273a, subd. (a).) As to the felony child abuse conviction, the jury found true an allegation that appellant had personally inflicted great bodily injury on a child under the age of five years. (S 12022.7, subd. (d).) The trial court sentenced appellant to prison for 25 years to life.
Appellant contends that the trial court erroneously (1) failed to suppress statements made to the police in violation of his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436), (2) failed to instruct the jury on the lesser included offense of assault by means of force likely to produce great bodily injury (S 245, subd. (a)(1)), and (3) instructed the jury on consciousness of guilt. Court affirm.
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