James

A jury found Larry G. James guilty of murder (Pen. Code, § 187) in the first degree under a theory of murder by torture (§ 189) and willful cruelty toward a child (§ 273a, subd. (1)). James appeals after the trial court sentenced him to prison for 25 years to life.

Facts

James met Jane H. (Jane) in Australia in 1981, when he was on tour duty with the United States Navy. They communicated over the next three years by letters and telephone calls. On August 10, 1984, Jane and her daughter Christa, who was bom on June 25, 1981, arrived in the United States and moved into an apartment with James. James and Jane were married on October 20, 1984. Over the next five months, Christa sustained numerous injuries, culminating in her death on March 30, 1985. The evidence against James revolved principally around two incidents: the first on January 3, 1985, when Christa was taken to Balboa Naval Hospital; and the second on March 30, 1985, when Christa died of multiple internal injuries. The prosecution’s expert witnesses testified that the injuries Christa sustained on both occasions were nonaccidental and indicated child abuse—in particular, the battered child syndrome. The…