People v. Vaughn CA2/6

FACTS

Appellant was the fiancé of Jayden's mother, Koryne. He is not Jayden's biological father. Koryne, then a nursing student, lived with her mother, Lisa, in Lisa's La Mirada home. On January 20, 2012, Koryne had an early class and Lisa had to work. Jayden's regular babysitters were not available, so appellant agreed to watch her until Koryne returned from class. He arrived at about 11:30 p.m. on the night before and stayed the night with Koryne. On the morning of January 20, Koryne left the house at about 6:00 a.m. Lisa got up at about 6:30 a.m. She got ready for work and then woke Jayden. Lisa got Jayden ready for the day and fed her breakfast. By 8:15 a.m., appellant was awake and sitting on the couch with a lap top computer. He took Jayden from Lisa and Lisa left for work. Lisa testified that Jayden was clingy and crying when she left for work. At about 10:20 a.m., appellant called 911, reporting that Jayden had fallen off a chair and was not breathing. Los Angeles County Sheriff's Deputy Patrick Unkle happened to be driving to his assignment at a nearby high school when he heard the dispatch. He arrived at the house about one minute later. Jayden…