People v. Olivares CA2/2

FACTS

Prosecution A. The incident Isiah M. was three years old in February 2011. He lived with his mother (Diana M.), Diana’s boyfriend (defendant), and the newly born son (D.) of Diana and defendant. The four shared a bedroom in the home of defendant’s parents. Also living at the house were defendant’s sisters (Lilliana and Jessica), defendant’s brother (Ricardo), Jessica’s infant son, and defendant’s parents (Guadalupe and Martina). Isiah was a generally healthy child who weighed approximately 40 pounds. He was very active and could be difficult to control. Defendant worked restocking stores for the Coca Cola Company. He would generally leave for work around 12:00 or 2:00 in the morning, and get off work in the afternoon. His job was physically demanding, and he was usually tired when he came home from work. On February 14, 2011, defendant clocked out of work at approximately 1:00 p.m. and went home. He went into the bedroom he shared with Diana and the children. Soon after, Diana put Isiah down for a nap on the bedroom carpet—which covered a bare concrete floor. Diana left to get food at a fast food restaurant, but returned home after

All further statutory references…