Evers
People v. Evers
Opinion
Opinion
Wiener, J.
A jury found defendant James Evers III guilty of second degree murder (Pen. Code, § 187, subd. (a)) and child endangerment (§ 273a, subd. (1)) in the death of his two-year-old stepson Michael. The court sentenced Evers to prison for 15 years to life for the murder conviction. The court also imposed an additional one year, four months for his conviction of child endangerment plus five years for his conviction of a prior serious felony conviction. Evers appeals, asserting instructional, evidentiary, and sentencing errors. We affirm.
Factual and Procedural Background
Michael’s Death
Evers lived with his wife, Shawn, their one-year-old child Brianna, and two-year-old Michael, Shawn’s child from a previous marriage. On November 13, 1990, at about 10:30 p.m. Shawn put Michael to bed. A few minutes later Shawn was going to check on the children, but Evers, in a passionate way, blocked her from doing so. Shawn found this unusual. Later Shawn went to bed. Because she took medication for her epilepsy, she was a heavy sleeper.
Early the next morning, Shawn’s mother, Elizabeth Lenderts, arrived at the Evers’s apartment to take the children to their babysitter. Shawn had just…