Skip to content
Name: People v. Basuta
Case #: D034429
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/10/2001
Subsequent History: Reh. denied 1/7/02. As amended, no change in judgment. Modified opinion of 12/10/01.
Summary

Defendant was a daycare provider convicted of assault on a child with force likely to produce great bodily injury resulting in death (Pen. Code, sec. 273ab.) There was conflicting medical evidence and the defense sought to discredit the testimony of witness Carrillo, who testified appellant violently shook the baby. The appellate court agreed that it was error to exclude evidence that the child’s mother had shaken the child when she was angry. It was also error for a police officer to testify Carrillo had volunteered to take a polygraph test. In light of the prosecutor’s argument that the child had a happy and safe homelight, and the fact that Carrillo’s credibility was the crucial issue in the case, these two errors were prejudicial. Penal Code section 273ab is not void for vagueness. Penal Code section 273ab does not violate equal protection. There was no error in allowing the jury commissioner to conduct hardship screening of the jury pool; however, upon request the commisioner must keep a record of those proceedures. Penal Code section 245, subdivision (a)(1) (assault by means of force likely to produce great bodily injury) is a lesser included offense of Penal Code section 273ab (assault on a child by means of force likely to produce great bodily injury resulting in death).