Napoles

People v. Napoles

Caution
104 Cal. App. 4th 108·127 Cal. Rptr. 2d 777·2002 Cal. App. LEXIS 5101·2002 Daily Journal DAR 13836·2002 Cal. Daily Op. Serv. 11830
Court of Appeal of CaliforniaDecember 6, 2002No. A093189California5,331 words

Opinion

lead Opinion

Simons, J.

Defendants Rodolfo Puebla Ñapóles (Father) and Teresa Rodriguez (Mother) 1 were found guilty of one count of felony child abuse following a joint jury trial. (Pen. Code, § 273a, subd. (a).) The trial court denied probation, sentencing Mother to prison for the four-year middle term and Father to prison for the six-year maximum term. In this appeal, defendants raise a host of challenges to the proceedings below. In the published portion of this opinion, we address two related contentions: that the trial court erred by failing to give a jury unanimity instruction and compounded that error by instructing that unanimity was not necessary. We conclude that no unanimity instruction was required, the instruction actually given was *111 erroneous, but the error was harmless. In the balance of the opinion, we examine each of the other arguments raised by defendants and conclude no reversible error occurred. 2

Factual Background

We view the evidence in the light most favorable to the judgment and presume the existence of every fact the trier could reasonably deduce from the evidence that supports the judgment. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864…

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