People v. Cochran

Opinion

HOLLENHORST, Acting P. J.

Defendant was convicted by a jury of assault resulting in the death of a child under the age of eight in violation of Penal Code section 273ab. On appeal, defendant claims that the defendant was deprived of a fair trial because two jurors belatedly disclosed that they knew members of the victim’s family, that defendant did not have “care and custody” of the victim at the time of the offense and therefore did not fall within the purview of the statute, and that the court refused to instruct the jury under the prior version of CALJIC No. 2.90 which included the…