State v. Madarash

Tammy Madarash appeals her convictions of homicide by abuse and second degree felony murder of four-year-old Jennifer Kell, arguing that the evidence was insufficient to support a conviction and that the trial court erred in entering its findings of fact. We affirm the conviction of homicide by abuse but reverse the conviction of second degree felony murder.

FACTS

Jennifer Kell was born on December 1, 1994, to David and Becky Kell. When Jennifer was 11 months old, Becky Kell died from a heart attack. Within a month of Becky’s *503death, David Kell and Madarash, his landlord, were living together.…