Moncada

People v. Moncada

Good Law
149 Cal. Rptr. 3d 1·2012 Cal. App. LEXIS 1150·210 Cal. App. 4th 1124
Court of Appeal of CaliforniaOctober 16, 2012No. E052612California3,806 words

Opinion

Lead Opinion

Hollenhorst, J.

I. INTRODUCTION

Defendant Jose Rogelio Moncada appeals from his conviction of involuntary manslaughter (Pen. Code, 1 § 194) and child abuse homicide, i.e., inflicting injury on a child under eight years old, which is reasonably likely to cause great bodily injury, causing death (§ 273ab). Defendant contends his involuntary manslaughter conviction should be reversed because a heightened showing of proximate cause is required to trigger criminal liability for a death *1127 that occurs more than three years after an unlawful act. He next contends the trial court erred in denying his motion to acquit because the trial court failed to consider the rebuttable presumption that a death is not criminal when it occurs more than three years after the defendant’s act; the death was not a direct, natural, and probable consequence of his actions; and the stomach rupture that was the immediate cause of death was an intervening independent cause. Finally, he contends that because the child was more than eight years old when he died, defendant did not violate section 273ab as a matter of law. We find no error, and we affirm.

II. FACTS AND PROCEDURAL BACKGROUND

In November 2000,…

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