People v. Quiroz CA5
Opinion
Opinion
INTRODUCTION
On November 18, 2006, appellant Robert Toribio Quiroz killed his three-month- old son by fracturing his skull. Appellant also broke 10 of the baby’s ribs. Appellant was convicted after jury trial of second degree murder (count 3; Pen. Code,1 § 187, subd. (a)), child homicide (count 4; § 273ab) and willful infliction of corporal injury to a child (count 2; § 273d, subd. (a)).2 An enhancement allegation attached to count 2 for personal infliction of great bodily injury on a child under the age of five was found to be true. (§ 12022.7, subd. (d).) Appellant was sentenced to 25-years-to-life imprisonment. Appellant argues that the trial court prejudicially erred by (1) admitting autopsy photographs (People’s exhibits Nos. 3-8), (2) failing to give a unanimity instruction, and (3) failing to instruct on assault with force likely to cause great bodily injury as a lesser included offense of child homicide. Appellant challenges his sentence as cruel and/or unusual punishment and argues that the concurrent term that was imposed on count 2 must be stayed pursuant to section 654. None of these arguments is persuasive. The judgment will be affirmed.