O'CONNELL

By information filed in Stanislaus County Superior Court on January 13, 1994, appellant, Kathleen O’Connell, was charged with the attempted premeditated murder of her two minor children in violation of Penal Code sections 664/187 and two related counts of felony child endangerment in violation of Penal Code section 273a, subdivision (l). Each count also contained an allegation that appellant had inflicted great bodily injury upon the child named in the particular count in violation of section 12022.7. On January 13, 1994, appellant was arraigned, entered pleas of not guilty to all charges, and denied each of the accompanying enhancements.

Appellant subsequently brought a section 995 motion in superior court seeking to have the section 12022.7 enhancements stricken, claiming she did not intend to inflict the actual injury sustained by her two daughters (i.e., severe bums). Appellant also asked the court to strike the premeditation enhancement based on a claim of insufficient evidence to support it. The court took the matter under submission and, a few days later, denied both requests.

Jury trial commenced on May 9, 1994. At the close of the People’s case, defense counsel…