Supreme Court of California

In a prosecution of defendant for involuntary manslaughter for the death of his 14-month-old son and assault of a child causing death, the Court of Appeal's reversal of the section 273ab conviction, finding the evidence insufficient to prove the requisite mens rea for the assault element of the offense, is reversed as: 1) the Court of Appeal misapplied the mens rea standard for assault as stated in People v. Williams, 26 Cal.4th 779 (2001), which held that a defendant may commit an assault without realizing he was harming the victim, but the prosecution must prove the defendant was aware of facts that would lead a reasonable person to realize that a battery would directly, naturally, and probably result from the defendant's conduct; and 2) here, substantial evidence established that defendant knew he was striking his young son with his fist, forearm, knee, and elbow, and that he used an amount of force a reasonable person would realize was likely to result in great bodily injury.

Appellate Information

• Decided 05/10/2010
• Published 05/10/2010

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Waldemar D. Halka, under appointment by the Supreme Court, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Stan Helfman, Laurence K. Sullivan, Violet M. Lee and Brent Wilner, Deputy Attorneys General, for Plaintiff and Respondent.