Mills

Appellant Robert Michael Mills was charged by information with murder (Pen. Code , § 187), corporal injury to a child (§ 273d), and child abuse (§ 273a, subd. (1)). In connection with the murder charge, it was alleged that Mills inflicted great bodily injury (§ 1203.075). The corporal injury charge alleged that Mills inflicted great bodily injury with serious felony consequences (§§ 12022.7, 1192.7, subd. (c)(8)), and that he was ineligible for probation (§ 1203, subd. (e)(3)). The child abuse charge contained the special allegations that Mills inflicted great bodily injury (§ 12022.7), and that he was ineligible for probation (§ 1203, subd. (e)(3)).

In the jury trial which followed, Mills was found guilty of first degree murder by torture, corporal injury to a child and child abuse. The jury also found true the great bodily injury enhancements alleged in connection with each count.

Mills was sentenced to state prison for 25 years to life. He appeals.

I

Facts

The victim, Kari Ann Strong, was 25 months old when she died on June 29, 1988. Mills and Kari’s mother, Nancy Strong Mills, were married on February 14, 1988. Trial testimony from Kari’s pediatrician and…