People v. Moton CA5

STATEMENT OF THE CASE

The Fresno County District Attorney charged Moton in a two-count information with murder (Pen. Code, § 187, subd. (a); count 1) and assault on a child causing death (Pen. Code, § 273ab, subd. (a); count 2). A jury convicted him as charged. The trial court sentenced him to 25 years to life on count 2 and stayed a term of 15 years to life on count 1.

FACTS

I. Prosecution’s case

A. The crime In October 2021, Nikkey lived with her nearly three-year-old son, X., and her boyfriend, Moton, in an apartment in Fresno. X. was born in October 2018, and died in October 2021. Nikkey worked at Community Regional Medical Center. Her shift began at 3:00 p.m. and ended at 11:30 p.m. Moton regularly cared for X. while Nikkey worked, and also helped care for him even while Nikkey was home. X. grew attached to Moton. On October 4, 2021,2 Moton drove Nikkey to work for her regular shift at 3:00 p.m., then took X. home. Moton had recently started a new job, working the overnight shift from 10:00 p.m. to 7:00 a.m. On days where Nikkey and Moton both worked, since Moton had to leave for work before Nikkey was off, Moton would usually watch X. from 3:00 p.m. until 9:30…