People v. Escobar-Montes CA3

BACKGROUND

On November 28, 2021, around 10:30 a.m., C.B. went to work and left defendant home alone with their two minor children: a daughter F.E. (eight months old) and a son

1 E.E. (two years old). Later that day, around 4:20 p.m., defendant called 911; he told the 911 operator that F.E. drowned in the bathtub. The operator told defendant how to conduct CPR on F.E., which he did until paramedics arrived. Over the next few days, F.E. remained on life support without brain activity; ultimately, C.B. decided to remove life support and donate F.E.’s organs. The doctors subsequently determined that F.E. died as a result of drowning. Defendant was subsequently arrested, and the People charged him with two counts of felony child endangerment under circumstances likely to cause great bodily harm or death. (Pen. Code,1 § 273a, subd. (a).) Relative to count one, the People alleged the victim’s injury resulted in her death. (§ 12022.95.) The People also alleged a single aggravating factor: the victims were particularly vulnerable. (Cal. Rules of Court, rule 4.421(a)(3).) A jury trial began on August 24, 2023, and continued for several days. At trial, defendant admitted that he left the…