People v. Baker CA3

Filed 7/20/16 P. v. Baker CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C080720

Plaintiff and Respondent, (Super. Ct. No. 14F6975)

v.

MICHAEL ANDREW BAKER,

Defendant and Appellant.

A jury found defendant Michael Andrew Baker guilty of multiple counts of torture, child abuse, and child endangerment. On appeal, defendant contends four of his convictions for child abuse and child endangerment under Penal Code section 273a1 arose from a single course of conduct, which may give rise to only one conviction. He also contends the abstract of judgment must be corrected to reflect that the execution of

1 Further undesignated statutory references are to the Penal Code.

1

sentence for certain counts and enhancements was stayed. We agree with defendant’s second contention. We will direct the trial court to correct the abstract of judgment and otherwise affirm. BACKGROUND Over the course of seven months, defendant physically abused two children: his girlfriend’s son (C.W.) and a neighbor’s two-year-old son. On appeal, only the convictions related to C.W. are challenged. When C.W. was seven months old, defendant caused a spiral fracture in his tibia. Defendant had argued with his girlfriend. After the argument, defendant was changing C.W.’s diaper. When C.W. did not stretch out his legs, defendant pulled C.W.’s leg and twisted it to the side. When C.W. was nine months old, defendant inflicted a buckle fracture in C.W.’s ankle. Defendant was arguing with his girlfriend. He “stomped” out of the room and onto C.W.’s ankle. The girlfriend heard C.W. cry. When C.W. was a year old, defendant, again frustrated over an argument with his girlfriend, grabbed C.W. and squeezed him. The squeeze left bruises and finger imprints on C.W.’s torso. About a week later, after another argument, defendant bit C.W.’s arm. The bite left a clear mark. Six counts arose from those four acts of abuse. Counts 1 and 2 charged defendant with torture, and are not challenged here. The remaining four counts (at issue here) were charged under section 273a: counts 3 (spiral fracture) and 4 (buckle fracture) charged felony child abuse under subdivision (a); counts 5 (squeezing); and 6 (biting) charged