People v. Cejas CA3

BACKGROUND

A detailed recitation of the underlying facts is set forth in our prior consolidated opinion in this case. (People v. Potter (Dec. 10, 2007, C052634/C053349) [nonpub. opn.] (Potter).) Defendant lived with Kathryn Elizabeth Potter and defendant’s 12-year- old son. Defendant’s son was abused and starved, and he eventually died from injuries during a beating that took place one evening. Defendant’s defense was that Potter was the killer. Potter’s defense was that she had suffered from years of abuse from defendant and was unable to oppose his will or seek help for the victim. (Potter, supra, C053349.) In 2004, defendant and Potter were charged with murder. (§ 187) It was further alleged defendant personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)), although this allegation was ultimately dropped by the prosecution. A murder by torture special circumstance (§ 190.2, subd. (a)(18))2 and two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12) were also alleged as to defendant. Defendant and Potter were tried together, but a mistrial was declared as to defendant after his counsel fell ill. Potter was convicted of second-degree murder and felony child…