Millan

INTRODUCTION

Defendants Jorge Alberto Millan and Elizabeth Jara were charged with the attempted murder of their six-week-old son X. (Pen. Code, 1 §§ 187, subd. (a), 664; count 1), torture of X. (§ 206; count 2), felony child abuse of X. (§ 273a, subd. (a); count 3), and misdemeanor child abuse of their one-year-old daughter L. (§ 273a, subd. (b); count 4). As to counts 1 and 3, the information alleged defendants personally inflicted great bodily injury (§ 12022.7, subd. (d)). A jury found Millan guilty as charged and found true the great bodily injury enhancement. The jury found Jara not guilty on count 1, guilty on count 2 of the lesser included offense of assault with force likely to produce great bodily injury (§ 245, subd. (a)(4)), and guilty as charged on counts 3 and 4. The jury also found true the great bodily injury enhancement to count 3. Various aggravating sentencing factors were found true as to both defendants. Millan was sentenced to a term of life with the possibility of parole. Jara was sentenced to an aggregate term of nine years, which includes a five-year term for the great bodily injury enhancement. On appeal, Jara argues the evidence is insufficient to…