People v. Salazar CA4/1

INTRODUCTION

A jury found Aneka Jazmin Salazar guilty of felony child abuse (Pen.

Code, § 273a, subd. (a))1 for abusing or permitting the abuse of her six-week- old son, R.S. The jury found Salazar did not personally inflict great bodily injury on a child under five years old (§ 12022.7, subd. (d)), but returned true findings on three aggravating circumstance allegations—(1) the crime involved great violence, great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness (Cal. Rules of Court, rule 4.421(a)(1)); (2) the victim was particularly vulnerable (id., rule 4.421(a)(3)); and (3) Salazar took advantage of a position of trust or confidence to commit the offense (id., rule 4.421(a)(11)). The trial court sentenced Salazar to state prison for the upper term of six years. On appeal from the judgment of conviction, Salazar argues the trial court abused its discretion by imposing the upper-term punishment. Specifically, she claims the court could not have relied on the vulnerable- victim or position-of-trust aggravating circumstances without violating the prohibition against dual use of facts. She also contends the jury’s not-true finding on the…