People v. Millan

Summary

The California Court of Appeal, Fifth Appellate District, reviewed the convictions of Jorge Alberto Millan and Elizabeth Jara arising from the severe abuse of their infant son. The court held that the evidence did not support the finding that Jara personally inflicted great bodily injury for purposes of the enhancement, vacated that finding and the resulting sentence as to her, and otherwise affirmed. The court rejected Millan’s challenges to the sufficiency of the evidence supporting his attempted murder and torture convictions.

Holdings

1. The evidence did not support a finding that Jara personally inflicted great bodily injury on X. Injuries directly caused by Millan's abuse could not be attributed to Jara as personally inflicted merely because she failed to protect X., concealed the injuries, restricted access to X., or delayed medical care.
2. Jara's failure to protect X. could support her underlying child-abuse and assault-related liability but could not support the separate finding that she personally inflicted great bodily injury caused by Millan.
3. Substantial evidence supported the jury's finding that Millan intended to kill X. and committed direct but ineffectual acts toward accomplishing the killing.
4. Substantial evidence supported Millan's conviction for torture because the nature, repetition, duration, and gratuitous brutality of the abuse permitted the jury to infer that he intended to cause cruel or extreme pain for a sadistic purpose.

Questions Presented

1. Whether substantial evidence supported the finding that Jara personally inflicted great bodily injury on X. for purposes of Penal Code section 12022.7, subdivision (d).
2. Whether substantial evidence supported Millan's conviction for attempted murder, including the finding that he intended to kill X.
3. Whether substantial evidence supported Millan's conviction for torture, including the findings that he intended to cause cruel or extreme pain and acted for a statutorily specified purpose.
4. Whether Jara was entitled to relief based on counsel's failure to request special instructions concerning the great bodily injury enhancement.

Disposition

reversed_and_remanded