What is the test for a jury to convict a defendant of first degree torture murder?

The death of a child may result from an explosion of violence, a misguided attempt at discipline, or torture, depending on the facts of the case. (People v. James (1987) 196 Cal.App.3d 272, 293, 241 Cal.Rptr. 691.) Just as child abuse can involve torture, a misguided attempt at discipline can involve an intent to cause cruel pain and suffering. There is no legal immunity from conviction for first degree torture murder because the victim happened to be a child.

Defendant argues that his first degree murder conviction must be set aside because the evidence was insufficient to support the jury's finding that he had acted with a premeditated and deliberate intent to inflict extreme and prolonged pain. In support, he cites People v. Anderson (1968) 70 Cal.2d 15, 73 Cal.Rptr. 550, 447 P.2d 942.