People v. Lee
Opinion
Opinion
Harris, J.
Statement of the Case
On May 2, 1989, an information was filed in Kern County Superior Court charging appellants James and Tonette Lee with count I, murder in the first degree (Pen. Code, § 187), and count II, child endangerment (Pen. Code, § 273a, subd. (1)).
On May 3, 1989, appellants were arraigned and pleaded not guilty. On June 20, 1989, appellants’ motion to set aside the information was denied, but the court struck the first degree murder allegation.
On February 6, 1990, appellants’ jury trial began. On February 20, 1990, the jury found appellants guilty of second degree murder and child endangerment.
On March 19, 1990, Tonette Lee was sentenced to 15 years to life on count I, and 6 years on count II, with the term for count II stayed pursuant to Penal Code section 654. On April 16, 1990, Mr. Lee was also sentenced to 15 years to life on count I, with the 6-year term for count II stayed pursuant to section 654.
On March 21, 1990, Tonette Lee filed a timely notice of appeal. On April 20, 1990, Mr. Lee also filed a notice of appeal.
Summary of Facts
The infant victim, Janelle, was born October 1, 1988, the third child of appellants’ marriage. She was…