People v. Escobar-Montes CA3

Filed 7/10/24 P. v. Escobar-Montes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C099788

Plaintiff and Respondent, (Super. Ct. No. 22FE003076)

v.

ROBERTO JESUS ESCOBAR-MONTES,

Defendant and Appellant.

Appointed counsel for defendant Roberto Jesus Escobar-Montes filed an opening brief that sets forth the facts of this case; counsel asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. BACKGROUND On November 28, 2021, around 10:30 a.m., C.B. went to work and left defendant home alone with their two minor children: a daughter F.E. (eight months old) and a son

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E.E. (two years old). Later that day, around 4:20 p.m., defendant called 911; he told the 911 operator that F.E. drowned in the bathtub. The operator told defendant how to conduct CPR on F.E., which he did until paramedics arrived. Over the next few days, F.E. remained on life support without brain activity; ultimately, C.B. decided to remove life support and donate F.E.’s organs. The doctors subsequently determined that F.E. died as a result of drowning. Defendant was subsequently arrested, and the People charged him with two counts of felony child endangerment under circumstances likely to cause great bodily harm or death. (Pen. Code,1 § 273a, subd. (a).) Relative to count one, the People alleged the victim’s injury resulted in her death. (§ 12022.95.) The People also alleged a single aggravating factor: the victims were particularly vulnerable. (Cal. Rules of Court, rule 4.421(a)(3).) A jury trial began on August 24, 2023, and continued for several days. At trial, defendant admitted that he left the young children in the bathtub unsupervised, with the faucet running, for more than 12 minutes. Defendant testified that he left the children alone while he made a snack and thought about the demise of his relationship with their mother, C.B. He admitted it was dangerous to leave the children unsupervised in the bathtub. Despite knowing the danger, he chose to leave them alone. Defendant admitted that his conduct put both children in danger, and had he remained in the bathroom that day, F.E. would still be alive. On September 1, 2023, the jury found defendant guilty as charged; the jury also found true the allegation in count one that injuries to the victim resulted in her death. In a bifurcated hearing, the trial court found true beyond a reasonable doubt two aggravating