PEOPLR

A jury convicted Jason Albritton of one count of involuntary manslaughter (Pen. Code, § 192, subd. (b)), a lesser included offense of murder, and one count of assault on a child with force likely to produce great bodily injury resulting in death (§ 273ab). The trial court sentenced Albritton to an indeterminate term of 15 years to life in prison on the child abuse resulting in death count. The court also imposed the upper term of four years for the involuntary manslaughter conviction, but this sentence was stayed pursuant to section 654.

Albritton appeals, attacking his conviction under section 273ab as inconsistent with his involuntary manslaughter conviction and contending section 273ab is unconstitutional. Albritton also contends the trial court made various incorrect evidentiary rulings and committed instructional error with respect to CALJIC No. 2.03. Finally, Albritton claims the prosecutor committed prejudicial misconduct in her closing argument.

Facts

Albritton and Kelly McAlindon, who met in 1994 while both were serving on the same Navy ship, developed a romantic relationship and began living .together. After McAlindon became pregnant, they moved to a larger…