P.

FACTS AND PROCEEDINGS

Defendant and Patty R. had a child together, A.R., born in March 2004. At the time, defendant and Patty lived in separate apartments in the same apartment complex. Patty and A.R. lived with Patty’s 11-year old son, and defendant lived with his sister, Rosa, and his cousin, Daniel. Patty’s sister, Maria C., also lived in the complex in the apartment below Patty’s. Several months after A.R. was born, defendant, Rosa, and Daniel moved to a house near the apartment complex. Patty’s sister-in-law, Brenda O., moved into the apartment complex, along with Brenda’s own baby, mother-in-law, husband, and two brothers-in-law. Brenda often babysat A.R. When she had A.R. overnight, Brenda slept in the bed with A.R., her husband and daughter slept on the bedroom floor, and the mother-in-law and brothers-in law all slept in the living room. When Patty went back to work after returning from maternity leave, she left the baby in Brenda’s care three days a week. Pediatrician Cesar Pabustan saw A.R. on April 5, 2004, for a routine exam. A.R. showed no sign of a health problem. Dr. Pabustan saw A.R. again on May 3, 2004, for congestion, a runny nose and discharge from her eye.…