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In July, Peter Schmidtfranz was convicted of child abuse under circumstances likely to cause death or serious physical injury.

Schmidtfranz was dating the boy's mother for less than a month in 2015 when the boy was injured, according to a Facebook post by the Pima County Attorney's Office last month.

The incident started when the boy's mother heard a loud noise coming from a room that Schmidtfranz and her son were in. She entered the room to find her son crying, the post said.

Schmidtfranz reportedly told the mother that her being in the room was making things worse, so she left. But when the mother entered the room later, the boy was unresponsive. She called 911, the post said.

The boy sustained injuries consistent with abusive head trauma, the post said. The boy is expected to function at 60 percent of a full-functioning person.