People v. McGee CA4/3

FACTS

McGee and Michael Stovall met in June 2006. One year later, McGee became pregnant, and they moved in together. McGee’s 10-year-old-son, Daivon Cook, whose legal guardian was McGee’s father, Ernest McGee (Ernest), moved in with them. Keira was born full term by cesarean section on November 16, 2007. Thirty-year-old McGee and Keira went home four days later; Keira was petite but otherwise healthy. After a doctor visit in December, McGee used a humidifier to treat Keira’s congestion. On December 15, 2007, Stovall woke up around noon. That afternoon, McGee took Cook to a family member’s house and ran errands while Stovall watched Keira. When McGee returned home about 90 minutes later, Stovall left to run errands. Stovall returned home about 9:00 p.m., and he greeted McGee and Keira, who were in the master bedroom while Cook was in his bedroom. McGee ordered pizza. She ate in her room with the door closed while she watched Keira. Cook ate in his room with the door closed. Stovall was in the living room. Cook played with Keira before he went to bed; she seemed to be well. About 10:00 p.m., McGee took Methadone, Dilaudid, and Xanax to treat her leg pain caused by sickle cell…