People v. Baker CA3

BACKGROUND

Over the course of seven months, defendant physically abused two children: his girlfriend’s son (C.W.) and a neighbor’s two-year-old son. On appeal, only the convictions related to C.W. are challenged. When C.W. was seven months old, defendant caused a spiral fracture in his tibia. Defendant had argued with his girlfriend. After the argument, defendant was changing C.W.’s diaper. When C.W. did not stretch out his legs, defendant pulled C.W.’s leg and twisted it to the side. When C.W. was nine months old, defendant inflicted a buckle fracture in C.W.’s ankle. Defendant was arguing with his girlfriend. He “stomped” out of the room and onto C.W.’s ankle. The girlfriend heard C.W. cry. When C.W. was a year old, defendant, again frustrated over an argument with his girlfriend, grabbed C.W. and squeezed him. The squeeze left bruises and finger imprints on C.W.’s torso. About a week later, after another argument, defendant bit C.W.’s arm. The bite left a clear mark. Six counts arose from those four acts of abuse. Counts 1 and 2 charged defendant with torture, and are not challenged here. The remaining four counts (at issue here) were charged under section 273a: counts 3…