California v. Super. Ct. (Fernandez)
Annotate this CaseWhen Leonardo Fernandez arrived at the hospital with his son Marco, the child was 13 weeks old and already dead. Marco sustained 18 separate rib fractures and bruises spattered his body. Blunt forces had caused several skull fractures and contusions on his brain. An expert later testified that Marco died from a blow to the left side of his skull. The issue this case presented for the Court of Appeals was whether the State demonstrated a rational ground for concluding that Fernandez intended to kill Marco, an element necessary to charge the torture-murder special circumstance. The Court concluded that showing was made and granted a writ of mandate to order the charge reinstated.
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