P.

FACTS

The facts are undisputed. On April 10, 2010, paramedics went to defendant‟s

home in Moreno Valley in response to a 911 call. They found two-year-old Isaac

Gallegos unresponsive and suffering apparent neurological impairment. The paramedics

transported Isaac to Riverside County Regional Medical Center where doctors

2 immediately performed surgery to relieve pressure on his brain caused by a traumatic

head injury. During surgery, Isaac suffered a massive hemispheric stroke. A large

section of his brain was destroyed due to lack of blood flow. Isaac never regained

consciousness. A CT scan performed the day after the surgery revealed that all of the

child‟s brain tissue was abnormal. Isaac was declared brain dead. After his organs were

donated, he was removed from life support. Blunt force trauma to the head was the cause

of Isaac‟s death.

Isaac‟s mother, Andrea Gallegos, testified, in pertinent part, that defendant is

Isaac‟s father. He had court ordered visitation with the child twice each week. On April

10, 2010, defendant picked up Isaac in the morning. Isaac did not want to go and started

crying when defendant arrived. When he left with defendant, Isaac was…