P.

FACTS

A. Prosecution Evidence In November 2005, Therisita J. lived with appellant in his grandmother’s residence on Budlong Avenue in Los Angeles. Therisita and appellant often socialized with Robert Baines, appellant’s brother, as well as with Cynthia Young and her husband, Henry Castillo. Appellant sometimes phoned Baines and Castillo to discuss events in his life. Between 4:00 and 5:00 p.m. on November 25, 2005, appellant made a cell phone call to Baines, who was at a location about a two-hour drive from Los Angeles. According to Baines, appellant said that while he and Therisita were “playing around,” Therisita jumped on his back, fell forward, and hit her head. Appellant further stated that she felt dizzy. Baines advised appellant to call for paramedics, ended the phone call, and drove back to Los Angeles.

1 All further statutory citations are to the Penal Code.

2 As Baines neared his own residence in Los Angeles, he received a second phone call from appellant, who said that Therisita had blood in her mouth and was not breathing. Appellant sounded disturbed, and repeatedly asked what he should do. When Baines inquired whether appellant had called for paramedics, he…