People v. Vining CA4/2

I.

INTRODUCTION

A jury convicted defendant and appellant, Derwin Keith Vining, of child abuse 1 homicide (Pen. Code, § 273ab, subd. (a)) of his girlfriend’s four-year-old son, who died

from the wounds defendant inflicted on him. The trial court sentenced defendant to

years to life in state prison.

On appeal, defendant argues the trial court prejudicially erred by (1) failing to sua

sponte instruct the jury on involuntary manslaughter, (2) imposing an unconstitutional

sentence, and (3) impermissibly imposing various fines, fees, and assessments. The

People concede, and we agree, that a presentence incarceration fee must be stricken. We

reject defendant’s remaining contentions and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant started dating J.W. around the beginning of 2017. J.W. lived in

apartment with her three children, eight-year-old A.J., five-year-old A., and four-year-old

“Mar.” Defendant did not live with J.W., but spent most of his free time at her

apartment. At the time of Mar’s death, defendant worked nights and stayed with the

children at J.W.’s apartment while she worked during the day.

In June 2017, defendant went to J.W.’s…