Anderson

Jackie Lynn Anderson was convicted of felony child abuse under conditions likely to produce great bodily harm and death (Pen.Code, § 273a), [1] and second degree murder (§ 187, subd. (a)) after two separate incidents, several years apart, in which she delivered a baby unassisted, then concealed the birth and failed to attend to the infant. The first such infant survived even though it was not discovered until some 32 hours after birth; the second died shortly after birth. Anderson raises five arguments on appeal: (1) The second degree murder conviction must be reversed because the prosecution failed to establish the corpus delicti or prove the existence of any criminal agency as the cause of death; (2) the second degree murder conviction must be reversed because there was insufficient evidence of malice; (3) the trial court erred in admitting statements Anderson made to the police prior to being advised of her Miranda [2] rights; (4) the trial court erred in denying Anderson's motion for entry of a judgment of acquittal at the conclusion of the prosecution's case pursuant to section 1118; and (5) the trial court erred in calculating Anderson's presentence custody…