Gutierrez

Defendant Mary Helen Gutierrez was convicted by jury of three counts of inflicting cruel or inhuman injury upon a child (Pen. Code, § 273d). Defendant was sentenced to state prison for a term of five years but execution of sentence was suspended and probation was granted on various conditions. Defendant has appealed from the judgment.

Two related issues are raised on appeal: whether the trial court erred in excluding evidence of defendant’s mental illness at the time of the offenses and whether the court erred in imposing on defendant the burden of proving the cause of her mental condition.

Facts

Defendant (age eighteen years) was living with her three children: Crystal (age three years), Daniel (age two years), and Steven (age two months). On July 21, 1984, defendant was staying at her parents’ house while they took a trip to Las Vegas. During the afternoon, defendant began beating her children and the police were summoned. When the officers arrived, about 5 p.m., defendant was being physically restrained by neighbors and relatives. Crystal, her daughter, had swollen lips and was swollen around the eyes. Daniel had bruises, bumps and dried blood on his face and neck.…