LOS ANGELES (CNS) - A woman convicted of second-degree murder for ramming her SUV into a pregnant woman -- whose baby did not survive -- following a confrontation in South Los Angeles over a man with whom they were both romantically involved lost her latest appeal, court papers obtained today show.
Monica Mercado is not eligible for re-sentencing as a result of a change in state law since she was sentenced to 32 years to life in state prison in 2010, according to the ruling released Thursday by a three-justice panel from California's 2nd District Court of Appeal.
In a brief submitted to the appellate court, Mercado stated that she “accepts responsibility for her actions” and wanted an “equitable sentence” for manslaughter and attempted manslaughter or assault, according to the appellate court panel's ruling.
A judge in Compton had already rejected her petition for re-sentencing.
Mercado was convicted of second-degree murder for the baby's death, along with the attempted murder of the mother, with whom the defendant had an ongoing dispute over the man.
The woman was struck by the vehicle in April 2009 shortly after going up to Mercado's SUV and getting involved in a confrontation with Mercado and their mutual boyfriend, Deputy District Attorney Damare Theriot said after the verdict.
Mercado drove the vehicle down the street, then turned around and hit the pregnant woman as she was crossing the street, Theriot said.
Mercado had two children with the man, and the victim was pregnant with his child, according to the prosecutor.
The baby, named Genisee, was born alive by Cesarean section, but had suffered multiple skull fractures and died hours later of blunt force trauma, Theriot said.
The injured woman, who had been 33 weeks pregnant, suffered broken ribs and a broken pelvis and had to use a walker for four months, according to the prosecutor.
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