People v. Hughes CA1/2

BACKGROUND

On August 2, 2019, the Del Norte County District Attorney filed an information charging defendant with second degree murder (Pen. Code,

1 § 187, sub. (a))1 and misdemeanor cruelty to a child by endangering health (§ 273A, sub. (b)). Following a jury trial, defendant was convicted on November 18, 2020, of both counts. The court sentenced defendant on December 23, 2020, to 15 years to life in prison with a six-month concurrent term for the misdemeanor count. At judgment and sentencing, the court imposed a criminal protective order which precluded defendant from contacting his then two-year-old son for 10 years. Defendant filed a timely notice of appeal from the judgment. Summary of Evidence Presented at Trial2 In December 2018, defendant was living in a trailer park in Crescent City, California with his wife Emiley, their one-year-old son (referred to herein as defendant’s son or “the baby”), and Emiley’s son W. and daughter

A.

On Christmas Eve, Emiley stayed in her bedroom because she was not feeling well. W. took care of his siblings and brought food to his mother. Just before midnight, W. entered the bedroom where Emiley and defendant were sleeping and placed the…