P. v. Fitch CA4/1
Fitch has not challenged the sufficiency of the evidence to support his convictions; therefore, we summarize the facts mainly to provide context for the first contention. We rely in part on the probation report.
On April 19, 2015, Fitch babysat Doe, the son of R.H., an old high school friend. When Fitch returned Doe to R.H., he showed her a bruise on Doe’s chest, saying it must have happened the previous day, when R.H. had taken Doe to a trampoline park, or from Doe’s car seat. R.H. doubted those explanations.
On April 23, 2015, R.H. asked Fitch to babysit Doe from 1:00 p.m. to 4:00 p.m. and Fitch agreed. When R.H. dropped Doe off at Fitch’s residence at around 12:30 p.m., Doe cried and appeared like he did not want to be with Fitch. R.H. left for work and a few minutes later, Fitch sent her a text message indicating that in “25 seconds” Doe had stopped crying. He included a photograph depicting Doe in good spirts.
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