I missed this discussion, but I just looked it up this morning. I think they need to upgrade back up to child neglect 1 or better, murdermurder (rather than felony murder) to get the DP. Popsicle pointed out that they just changed the child neglect 2 charge to murder 2 (actually, they CREATED a murder 2 charge and put that crime in it). Afaict, if he's convicted of 2nd degree child neglect--the current charge--he'll be sentenced to a max of 30 years either because the new law applies retroactively to him or because the change in the law makes a life sentence, and certainly the DP, cruel and unusual for the offense by current standards. I think they will re-upgrade or charge murder. jmo