P. v. Wolfe CA5
Defendant Vanessa Wolfe and her boyfriend, Eddie Leyva, were arrested in 2014 in connection with the death of their three-month-old daughter, Adenalie. They were jointly charged with second degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (b); count 1), assault on a child causing death (§ 273ab; count 2), felony child endangerment of Adenalie (§ 273a, subd. (a); count 3), and misdemeanor child endangerment of Adenalie’s three siblings (§ 273a, subd. (b); count 4). Defendant and Leyva were tried together before separate juries. Leyva is not a party to this appeal.
After jury selection but prior to the commencement of evidence, the trial court dismissed counts 3 and 4 on the prosecution’s motion. (Former section 1385.) Defendant was subsequently convicted on count 1 and count 2, as charged.
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