State v. Garcia

¶1 Tony Christopher Garcia (Garcia) appeals from the sentence imposed by the Twenty-First Judicial District Court, Ravalli County. We affirm.

¶2 Garcia is the father of R.G. On November 17,2008, when R.G. was approximately two months old, Garcia was caring for her alone while R.G.’s mother went to work. A short time later, Garcia called R.G.’s mother at work to tell her that he was taking R.G. to the hospital. Garcia said he tripped over the dog while holding R.G. and fell on top of her. Garcia said that after the fall, R.G. did not seem to be breathing, so he “shook her frantically” to get a…