People v. Malfavon

Opinion

SILLS, P. J.

Jason Michael Malfavon appeals from the judgment sending him to prison for 25 years to life for the death of his girlfriend’s infant daughter, Kendra. A jury found he murdered the child, and, as an alternative charge, found he assaulted Kendra, resulting in her death. (See Pen. Code, §§ 187, 273ab.) On appeal, he contends the evidence was insufficient to sustain the convictions. He also argues that the alternative charge of assault, resulting in death—also known as child abuse homicide—constitutes a violation of due process because it is merely a restatement of murder…