June 15, 2011 Rob Young/Appeal-Democrat
An appeals court on Wednesday affirmed the 10-year prison sentence given to an Olivehurst man who beat and shook his 3-month-old daughter, leaving her blind and brain-damaged.
James Yang was 26 when arrested in March 2009 on suspicion of cruelty to a child.
Yang became angry at the girl when she defecated while he was changing her diaper. He hit her hard across the face three times. When he gave her a bath, he noticed she was not breathing, according to a court document.
"After several attempts to revive her, she began gasping. He called 911," wrote Presiding Justice Vance W. Raye of the 3rd District Court of Appeal.
A year later, the girl still suffered the effects of shaken baby syndrome, including an abnormally small head and inability to control her arms and legs. She is blind and requires a feeding tube, Raye wrote.
Under a plea agreement with the Yuba County District Attorney's Office, Yang was to receive the mid-term prison sentence of 10 years. Judge Kathleen O'Connor refused to accept the plea, citing the circumstances of the offense.
A few weeks later, however, Judge Julia Scrogin accepted the plea and sentenced Yang to 10 years. She ordered him to pay $65,665 in restitution — the cost of his daughter's Medi-Cal care, according to the document
http://www.appeal-democrat.com/news/yang-107609-court-sentence.html
James Yang was 26 when arrested in March 2009 on suspicion of cruelty to a child.
Yang became angry at the girl when she defecated while he was changing her diaper. He hit her hard across the face three times. When he gave her a bath, he noticed she was not breathing, according to a court document.
"After several attempts to revive her, she began gasping. He called 911," wrote Presiding Justice Vance W. Raye of the 3rd District Court of Appeal.
A year later, the girl still suffered the effects of shaken baby syndrome, including an abnormally small head and inability to control her arms and legs. She is blind and requires a feeding tube, Raye wrote.
Under a plea agreement with the Yuba County District Attorney's Office, Yang was to receive the mid-term prison sentence of 10 years. Judge Kathleen O'Connor refused to accept the plea, citing the circumstances of the offense.
A few weeks later, however, Judge Julia Scrogin accepted the plea and sentenced Yang to 10 years. She ordered him to pay $65,665 in restitution — the cost of his daughter's Medi-Cal care, according to the document
http://www.appeal-democrat.com/news/yang-107609-court-sentence.html
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