California Court of Appeal

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People v. Moncada, E052612

Defendant's convictions for involuntary manslaughter and child abuse homicide are affirmed where: 1) defendant's argument that a heightened showing of proximate cause is required to trigger criminal liability for a death that occurs more than three years after an unlawful act is without merit, as the jury was instructed generally and specifically that it had to find every element of the crimes, including proximate cause, true beyond a reasonable doubt; 2) substantial evidence supported the trial court's denial defendant's motion to acquit; and 3) defendant's argument that because the child was more than eight years old when he died, defendant did not violate section 273ab as a matter of law is without merit.

Appellate Information

  • Decided 11/02/2012
  • Published 11/02/2012

Judges

  • Hollenhorst

Court

  • California Court of Appeal

Counsel

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