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People v. Norman5/28/2003
CERTIFIED FOR PUBLICATION
A jury found defendant Charles Glenn Norman guilty of second degree murder of his six-year-old son. (Pen. Code, § 187, further unspecified references are to this code.) Defendant was also found guilty of assaulting a child under the age of eight by means of force likely to result in great bodily injury resulting in death, otherwise known as "child-homicide." (§ 273ab.) The trial court found defendant had suffered one prior serious felony conviction for assault with intent to commit rape, and three prior separate prison terms. (§§ 220, 667, subds. (b)-(i), 667, subd. (a), 667.5, subd. (b).) Defendant was sentenced to 50 years to life for the child-homicide (25 years to life, doubled). He was sentenced to 30 years to life for second degree murder (15 years to life, doubled), which was stayed pursuant to section 654. Eight consecutive years were imposed for the prior convictions and prior prison terms.
On appeal, defendant contends his child-homicide conviction must be reversed because the statute violates due process by requiring a 25- years-to-life penalty for a general intent assault -- the same as for first degree murder -- without requiring proof of malice. He further contends the statutory prison term is, on its face, cruel and unusual punishment. We find no error and shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On September 1, 1999, Sacramento Department of Human Assistance intake worker Sandra Procopio interviewed defendant and his son in her office. Defendant stated he was homeless, and was seeking financial aid. Procopio saw that the child was wearing a heavy jacket with a hood up on a hot day, with scratches all over his face. There was blood in the child's eyes, and his demeanor was unlike that of a normal six year old. Procopio filed a written report of suspected child abuse the same day.
On September 23, 1999, defendant and his child moved in with defendant's sister, her 18-year-old daughter, and the daughter's nine- month-old son. Defendant's sister told defendant he could stay until October 1, 1999.
On the night of September 25, 1999, defendant's sister and her daughter left the apartment and spent the night at the homes of friends. The daughter's baby son was left with defendant, the victim, and a male friend. When the male friend left the apartment in the early hours of the morning, the victim and the baby were alone with defendant.
Defendant called 911 at approximately 5:15 a.m. on September 26, 1999, to report that his son was not breathing. Firefighters responding found the victim lying on the floor. The victim was not breathing and had no gag reflex. There were bruises on his arms and legs. The victim's eyelids were white. Defendant told Fire Captain Brian Wall that he left the victim in the apartment, and thought his niece was baby-sitting. Defendant returned to find the victim facedown in the flooded bathroom.
A broken broom was found in the kitchen and broken broom and mop handles were found outside the apartment. There were blood stains in the sink and around the shower curtain, and blood on defendant's shoes. Wet T-shirts in the sink contained blood.
Dr. Angela Rosas, a pediatrician and associate medical director of the child abuse unit at University of California Davis Medical Center, treated the victim when he was on life support until his death. Dr. Rosas determined that the victim's brain was completely infarcted (all blood supply had stopped moving to his brain). The brain trauma could result from drowning, suffocation or blunt force trauma. The victim had a subdural hematoma, abdominal injuries from direct blows, which tore the liver a
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