People v. Santana CA4/2

INTRODUCTION

Defendant and appellant Manuel Santana was charged by information with child

abuse likely to cause great bodily injury or death (Pen. Code1, § 273a, subd. (a), count 1),

misdemeanor battery (§ 242, count 2), and misdemeanor possession of a controlled

substance (Health & Saf. Code, § 11377, subd. (a), count 3). The information also

alleged that he had three prior strike convictions. (§§ 667, subds. (c) & (e)(2)(A) &

1170.12, subd. (c)(2).) A jury found defendant guilty on count 3, but acquitted him on

counts 1 and 2. The court sentenced him to 270 days in county jail, with 208 days of

custody credits.

On appeal, defendant argues that the prosecutor improperly shifted the burden of

proof to the defense during closing arguments, and thus reversal of count 3 is necessary.

We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 4, 2023, defendant was at the home of his mother, where he had repaired

a car for a customer. When the customer came to pick up the car, defendant’s mother

could not find defendant, and she let the customer take the car without paying. When

defendant found out, he was angry and got into an argument with his mother. Defendant

wanted to…