filed:

Good Law
Court of Appeal of CaliforniaJanuary 22, 2015B252639California12,716 words

Opinion

Opinion

I. INTRODUCTION

A jury convicted defendants, Jacquorie Charles Stansell and Nailah White, of: child abuse (Pen. Code, § 273a, subd. (a))1; assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)); battery with serious bodily injury (§ 243, subd. (d)); mayhem (§ 203); and torture (§ 206). The jury further found that with respect to the child abuse and aggravated assault counts, defendants personally inflicted great bodily injury on the victim. (§ 12022.7, subd. (a).) Defendants were each sentenced to life with the possibility of parole. We hold battery with serious bodily injury is a lesser included offense of simple mayhem. Therefore, we reverse defendants’ battery with serious bodily injury convictions. We modify the judgments with respect to assessments. We affirm the judgments in all other respects.

II. THE EVIDENCE

A. The Prosecution’s Case

1. Overview

Ms. White had two children, A. and Lailah. A. is the victim in this case. At the time of the events leading to defendants’ convictions, A. was seven and Lailah was six. Mr. Stansell was Ms. White’s live-in boyfriend. The two adults and two children lived in a Palmdale apartment complex. Mr.…

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