People v. Ulloa CA5

INTRODUCTION

Three-month-old Jackson Ulloa1 died from blunt force head trauma inflicted while in the care of Joseph Aaron Ulloa (defendant). A jury convicted defendant of second degree murder and assault on a child causing death. The trial court sentenced defendant to 25 years to life in state prison. On appeal, defendant argues that (1) the murder conviction is not supported by sufficient evidence of implied malice; (2) the trial court erred in admitting defendant’s un-Mirandized prearrest interview with a detective;2 (3) the trial court erred in determining that defendant’s prearrest interview was voluntarily given; (4) the trial court erred in failing to instruct the jury on involuntary manslaughter as a lesser included offense of murder; and (5) we should strike defendant’s $1,000 fine pursuant to Penal Code3 section 294, subdivision (a) as unauthorized. In supplemental briefing, defendant also argues he is entitled to be resentenced under the new sentencing provisions in section 654, which became effective on January 1, 2022. (Stats. 2021, ch. 441, § 1.) The People agree remand is required for resentencing under recently amended section 654, as do we. In resentencing…