People v. Luevano CA5

STATEMENT OF FACTS

I. Prosecution case-in-chief

On October 11, 2010, at 8:22 p.m., defendant called 911 and reported that his two- month-old daughter Kiera was nonresponsive. Under the direction of the dispatcher, he performed cardiopulmonary resuscitation (CPR) until emergency medical services arrived at his residence in Bakersfield, California. Paramedics diagnosed cardiac arrest,

Unless otherwise indicated, subsequent statutory citations refer to the Penal Code. The court also sentenced defendant to the middle term of three years on count 1, which was stayed pursuant to section 654.

2. administered advanced life support, restored Kiera’s pulse, and transported her to Kern Medical Center. Kiera was transferred to Children’s Hospital Central California in Madera, California, on October 12, 2010. That morning, Dr. Adam Holmes, a pediatric intensive care physician, examined her and noted abnormal breathing patterns and other signs of severe brain and neurological dysfunction. Holmes consulted with Dr. Philip Hyden, a pediatrician and medical director of the hospital’s Guilds Child Abuse Prevention and Treatment Program. Hyden examined Kiera and agreed with…