P.

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. Cassandra’s son Gabriel was born in February 2008.2 Cassandra and her husband were serving in the military and, when they were deployed to Iraq in late April, they left Gabriel in the care of Cassandra’s sister, Rebecca. Rebecca was living with defendant Vanek at Fort Irwin. Vanek told Rebecca he was unhappy about having to take in Gabriel and he asked her, “Why did you have to take the baby; I hate babies.” Gabriel slept with Rebecca, who fed and changed him. Vanek, who took no part in caring for Gabriel, became easily annoyed when the baby cried. Rebecca’s eldest son, Juan, who was 12 years old at the time of trial, heard Vanek tell Rebecca: “I hate this damn baby. . . . Why did you even tell your sister that we could keep him here?” Vanek and Rebecca moved to La Mirada over the weekend of May 24 and 25. Rebecca testified that on Monday morning, May 26, Gabriel was not feeling well. He was cranky, he only wanted to be held, and he had been sick the night before. However, his motor coordination was…