People v. Hickman CA2/3

DISCUSSION

The testimony at the preliminary hearing established the following. Defendant lived with his girlfriend. She was the mother of his child and several other children. One of the girlfriend’s children, Deshawn Z., died after he was beaten by defendant and his girlfriend. Defendant admitted to the police that he and his girlfriend hit the child with a yellow tube or stick on the day the child died. The defendant and his girlfriend also admitted to the police that each had hit the child in the past. Defendant specifically admitted to punching Deshawn Z. in the face with his fist. At the time of his death, the child was 18 months old, weighed 23 pounds, and was poorly nourished. The medical examiner testified the child died as a result of traumatic injuries, dehydration, and “intravascular sickling due to the sickle cell trait.” At the conclusion of the preliminary hearing, defendant was held to answer for murder (§ 187(a)), felony assault resulting in the death of a child (§ 273ab), and felony child abuse (§ 273a). Defendant’s subsequent motion to set aside the information under section 995 was denied. Through his bar-appointed counsel, defendant engaged in plea…