State v. Toran

CRANDALL, Presiding Judge.

Defendant, Frederick Toran, appeals from the judgment of his conviction, after a jury trial, of assault in the second degree. He was sentenced as a prior and persistent offender to a term of imprisonment of ten years. We affirm.

Defendant does not challenge the sufficiency of the evidence. Viewed in the light most favorable to the verdict, the evidence established that on May 10, 1992, defendant was baby sitting for his three month old daughter, Patricia, a small baby who had been bom prematurely. He shook her because she wouldn’t stop crying. Two days later, Patricia…