State v. Lumbrera

The opinion of the court was delivered by

McFarland, J.:

Diana Lumbrera appeals her jury trial conviction of first-degree murder (K.S.A. 21-3401).

The facts are summarized as follows. Defendant was the mother of a four-year-old boy named Jose. On April 30, 1990, the child’s babysitter called defendant at work to advise the boy was vomiting and appeared to have a fever. Defendant left work to pick up the child. Later that day, defendant took the child to the emergency room of St. Catherine’s Hospital in Garden City. Abdominal pain and vomiting were the presenting symptoms. Amoxicillin was…