People v. Christianson CA3

Filed 11/2/23 P. v. Christianson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C097113

Plaintiff and Respondent, (Super. Ct. No. CRF21- 0000279) v.

KIARA MARIE CHRISTIANSON,

Defendant and Appellant.

Defendant Kiara Marie Christianson pleaded no contest to felony child abuse on her seven-week-old infant X.F. but did not admit the attendant great bodily injury enhancement. The trial court found the great bodily injury enhancement true. On appeal, defendant contends that there is insufficient evidence to support the great bodily injury enhancement. We affirm the judgment.

FACTS AND HISTORY OF THE PROCEEDINGS On October 13, 2019, defendant, the mother of seven-week-old infant X.F., woke up to find that X.F. was lying face down in the bed and not breathing. Defendant and X.F.’s father called 911. When the police and paramedics arrived, X.F. was not breathing

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and did not have a pulse. X.F. slept in the same bed as his parents in the master bedroom. X.F. slept on the side of the bed closest to the wall, defendant slept in the middle, and X.F.’s father slept on the other side of the bed. When the responding officers arrived, they saw that the bedding was soft, loose sheets covered the mattress, and multiple clothes, blankets, and pillows were on the bed. An officer opined the condition of the bed was unsafe for an infant X.F.’s age. In their report, the coroner concluded that X.F. died of positional asphyxia, meaning he was in a position that inhibited his breathing. According to the coroner, infants are particularly vulnerable to positional asphyxia because of their development. A red line across X.F.’s face and lividity in his nose, chin, abdomen, and chest were consistent with him being face down on the bed. The coroner also found methamphetamine in X.F.’s system and opined it was a contributing factor in his death, because methamphetamine is a stimulant that strains the cardiovascular system. The coroner concluded that any amount of methamphetamine can be lethal. The coroner characterized the level of methamphetamine from the illicit drug present as “low” and the level of amphetamine, a break down product of methamphetamine, as “below the reportable threshold.” The coroner did not note any gross physical abnormalities in X.F.’s cardiovascular system and did not specify what level of methamphetamine would be lethal. At the scene, defendant told the coroner that she placed X.F. on his back in the bed. According to a police report, she told social workers that when she placed X.F. in the bed, there was nothing around him or covering his face. Defendant also told the coroner that she had only used methamphetamine in the past and was not currently using methamphetamine. Defendant also claimed that she only breastfed X.F. for a short time but switched to formula. Prior to X.F.’s death, defendant had an extensive history of drug abuse and child neglect with child and family services dating back to 2014 in multiple counties. In 2014,