Mateo's saga comes to an end

As readers know, Mateo was the 3 year old who died from a blunt instrument impact that a jury believe was done by his mother Cecilia Ochoa. Ms. Ochoa waited several hours before reporting his death. A jury found this facts sufficient to find second degree murder.

Second degree murder is defined as murder which is not first degree. See Penal Code section 189 which says:

All murder which is perpetrated by means of a destructive
device or explosive, a weapon of mass destruction, knowing use of
ammunition designed primarily to penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate,
and premeditated killing, or which is committed in the perpetration
of, or attempt to perpetrate, arson, rape, carjacking, robbery,
burglary, mayhem, kidnapping, train wrecking, or any act punishable
under Section 206, 286, 288, 288a, or 289, or any murder which is
perpetrated by means of discharging a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the
intent to inflict death, is murder of the first degree.  All other
kinds of murders are of the second degree.
  As used in this section, "destructive device" means any
destructive device as defined in Section 12301, and "explosive" means
any explosive as defined in Section 12000 of the Health and Safety
Code.
  As used in this section, "weapon of mass destruction" means any
item defined in Section 11417.
  To prove the killing was "deliberate and premeditated," it shall
not be necessary to prove the defendant maturely and meaningfully
reflected upon the gravity of his or her act.

The key words being all other kinds of murders are of the second degree. As such, under Penal Code 187 "malice aforethought" is necessary. I can see where the jury could find her delay malicious, but I just don't know whether the DA could really prove and the jury could find malice aforethought.