People v. Sargent

Five-month-old Michael, born prematurely with the neck strength of a much younger infant, was found unresponsive with blood coming from his nose and mouth. His father, Michael Sargent Sr. (defendant), gave shifting explanations before admitting he had shaken the baby several times in a car seat. Sargent was convicted of felony child abuse for willfully inflicting unjustifiable physical pain under conditions likely to produce great bodily harm or death; the court of appeal held the statute required proof of criminal negligence, found none, and reduced the offense to a misdemeanor. The State appealed.