People v. Ybarra CA4

FACTS AND PROCEDURAL HISTORY

In 1995, Ybarra pled no contest to one count of felony child endangerment (Pen. Code, § 273, subd. (a)(1)1) and was sentenced to a third-strike term of 25 years to life. The parties stipulated that the factual basis for the plea could be found in the police reports, which explained that Ybarra’s three-month-old daughter had been brought to the hospital suffering from seizures. Examination revealed that the baby was in critical condition with a linear skull fracture near her left ear resulting in cerebral hemorrhaging. Ybarra eventually admitted he had been fighting with his wife, became very angry, and took the child to another room. The baby was crying, further irritating Ybarra. Ybarra threw the baby onto the couch very hard where she hit her head on either a glass baby bottle or on the wooden armrest of the couch. When the baby hit her head, Ybarra heard a loud noise.2 In 2013, Ybarra filed a petition to recall his sentence pursuant to the terms of section 1170.126. The district attorney opposed the motion, arguing both that Ybarra was ineligible, and, if eligible, he posed an unreasonable risk to public safety. The trial court denied the petition,…