Norman

A jury found defendant Charles Glenn Norman guilty of second degree murder of his six-year-old son. (Pen. Code, § 187, further unspecified references are to this code.) Defendant was also found guilty of assaulting a child under the age of eight by means of force likely to result in great bodily injury resulting in death, otherwise known as “child-homicide.” (§ 273ab.) The trial court found defendant had suffered one prior serious felony conviction for assault with intent to commit rape, and three prior separate prison terms. (§§ 220, 667, subds. (b)-(i), 667, subd. (a), 667.5, subd. (b).) Defendant was sentenced to 50 years to life for the child-homicide (25 years to life, doubled). He was sentenced to 30 years to life for second degree murder (15 years to life, doubled), which was stayed pursuant to section 654. Eight consecutive years were imposed for the prior convictions and prior prison terms.

On appeal, defendant contends his child-homicide conviction must be reversed because the statute violates due process by requiring a 25-year-to-life penalty for a general intent assault—the same as for first degree murder—without requiring proof of malice. He further contends…