People v. Badillo CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

In 2006, defendant and his wife were walking along the side of a freeway interchange overpass after getting into a minor auto accident. Defendant’s wife was carrying their two-year-old daughter in her arms; she was also 22 or 23 weeks pregnant. There was more than a 30-foot drop to the road below the overpass. Without any warning, defendant shoved his wife toward the overpass’s railing. Caught off guard, the wife was unable to hold onto the toddler, who plummeted over the railing. Defendant pushed his wife a second time, and she tumbled over the railing to the road far below. The wife and daughter were injured, but survived. The fetus died. (People v. Badillo (Sept. 29, 2009) B205547 [nonpub. opn.], at pp. 3-7.)

II. Procedural Background

A. Underlying conviction, sentence, and appeal The People charged defendant with (1) the murder of the fetus (§ 187, subd. (a)), (2) the attempted premeditated murder of his wife (§§ 664, 187, subd. (a)), (3) the attempted murder of his

All further statutory references are to the Penal Code unless otherwise indicated.

2 daughter (§ 187, subd. (a)), and (4) child abuse (§ 273a, subd.…