People v. Wedel CA5

INTRODUCTION

Defendant Dustin William Wedel was charged with second degree murder, assault on a child by means of force likely to produce great bodily injury resulting in death, and willful harm or injury to a child likely to produce great bodily harm or death. (Pen. Code, §§ 187, subd. (a), 273ab, subd. (a), 273a, subd. (a).)1 Following jury trial, defendant was convicted of all counts. He was sentenced to 15 years to life for murder, 25 years to life for assault of a child resulting in death—stayed pursuant to section 654—and a six-year term for willful cruelty to a child. On appeal, he contends there is insufficient evidence of his conviction for willful cruelty to a child. And, further, that the trial court should have stayed imposition of sentence on that count. We disagree and will affirm.

SUMMARY OF MATERIAL FACTS

Stormie Roberts was caring for three-year-old James Fanshier (James), although she was not his biological mother. Rather, Roberts had dated James’s biological father, Eavan Fanshier, for a few years, but when the two broke up, Fanshier, who had sole legal and physical custody of James, thought it best that Roberts continue to care for his son. Roberts loved…