People v. Wilson CA4/2

I. FACTUAL AND PROCEDURAL HISTORY

A. Prosecution’s Case

Defendant began dating Anetria Allen (Allen) in December 2001. At that time,

Allen had two children: (1) M.M.1 (the victim), a boy who was born in April 1999; and

(2) M.M.2, a boy who was born in April 2000.2 In January 2002, Allen moved into an

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Allen testified she had a daughter who was born in September 2002—after she began dating defendant. However, she also said her daughter was living in the apartment in February 2002. Defendant said he took care of Allen’s two sons and daughter. Accordingly, we infer Allen’s daughter was born in September 2001 (not 2002), and she likely had three children at the time she began dating defendant. At the [footnote continued on next page]

2 apartment. Defendant stayed with Allen and her children approximately four nights per

week. Soon after Allen moved into the apartment, in January, defendant became

abusive toward Allen and the victim.

On February 26, the victim was ill; he had been vomiting for several days, but

was still able to eat food and was active. On that day, Allen left the victim…