People v. Ellis CA4/1

STATEMENT OF FACTS

Appellant’s opening brief contains an accurate statement of facts derived from our prior opinion. We will incorporate it here for convenience. “At about 3:00 p.m. on September 5, 2006, Darthart called 911 to report his son, Thomas, who had turned three years old that day, was unconscious but breathing. Darthart reported that the night before, Thomas had fallen in the bathtub the night before, and was found unconscious, but Darthart had

We take judicial notice of our records in case No. D057950. 2 revived him with cardiopulmonary resuscitation. When paramedics arrived, they noted that Thomas had no pulse or heart rhythm and showed signs of lividity, therefore they pronounced him dead. One paramedic said neither Ellis or Darthart showed any emotion and described their demeanor as ‘fairly nonchalant.’ “Officers noted there was a paddle with Thomas’[s] name and a sad face drawn on one side and the name of Ellis’[s] daughter and a sad face on the other side. Apart from one teddy bear, there was no evidence of any birthday celebrations for Thomas. While officers processed the apartment, Ellis was heard saying, ‘I didn’t do anything,’ but neither Darthart nor…