California v. Flores
Annotate this CaseDefendant Erik Flores was the father of three young children (John Doe 1, John Doe 2, and Jane Doe). The information alleged that, from 2011 to 2014, Flores tortured the children, and abused his children. The information specifically alleged that Flores personally inflicted great bodily injury on the children in on certain counts. Defendant Mariah Sugg had an "off-and-on" girlfriend relationship with Flores, and was separately charged with the same set of offenses against the same victims, but with differing windows of commission. The trial court sentenced each defendant to two life terms plus six years, and imposed but stayed the sentence on the remaining convictions and true findings. On appeal, Flores argued the court prejudicially erred by instructing the jury it could return guilty verdicts on the torture counts as an aider and abettor of Sugg under the "natural and probable consequences" doctrine. He also argued the evidence was insufficient to support the torture convictions because there was no evidence either he or Sugg had the specific intent to "cause cruel or extreme pain or suffering for the purposes of revenge, persuasion or any sadistic purpose." In Sugg's separate appeal, she claimed Penal Code section 273a, subdivision (a), was unconstitutional based on vagueness and, alternatively, that the court was sua sponte required to instruct that the jury could not find her guilty of violating section 273a under the "willfully . . . permits" prong of that statute unless the jury found she had a duty to control Flores's conduct. The Court of Appeal remanded these cases back to the trial court with instructions that the court correct the minute orders and abstracts of judgment to reflect imposition of life terms on counts 3 and 7 as to Flores and counts 1 and 5 as to Sugg and, as so modified, the judgment was affirmed.
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