People v. Wolfe CA5

INTRODUCTION

Defendant Vanessa Wolfe and her boyfriend, Eddie Leyva, were arrested in 2014 in connection with the death of their three-month-old daughter, Adenalie. They were jointly charged with second degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (b); count 1),1 assault on a child causing death (§ 273ab; count 2), felony child endangerment of Adenalie (§ 273a, subd. (a); count 3), and misdemeanor child endangerment of Adenalie’s three siblings (§ 273a, subd. (b); count 4). Defendant and Leyva were tried together before separate juries. Leyva is not a party to this appeal.2 After jury selection but prior to the commencement of evidence, the trial court dismissed counts 3 and 4 on the prosecution’s motion. (Former section 1385.)3 Defendant was subsequently convicted on count 1 and count 2, as charged. The trial court sentenced defendant to a mandatory term of 25 years to life on count 2 for assault on a child causing death and imposed a mandatory term of 15 years to life on count 1 for murder, stayed under former section 654.4 On appeal, defendant claims that the trial court erred in limiting her cross- examination of the prosecution’s medical expert regarding portions…