BAKERSFIELD, Calif. (KGET) -- The California Supreme Court has overturned the murder conviction of a Tehachapi woman who prosecutors said failed to report the repeated abuse of her baby boy by his father. The child, Abel, died at 2 months. In the case of Brittney Collins, the court found "insufficient evidence supported Collins' second-degree murder conviction for the death of her son under either a direct aiding and abetting theory or a direct perpetrator theory." The justices ordered an appeals court to send the case back to Kern County with instructions to vacate Collins' murder conviction and resentence her on the remaining assault conviction. She's currently serving 15 years to life. Abel died in October 2018. He had injuries that were in different stages of healing, prosecutors said, indicating ongoing abuse. A pathologist testified Abel's injuries indicated someone swung him by his leg and threw him against the wall or ground. Prosecutors said Collins saw Abel's father, Matthew Norwood, abuse the boy and fail to get help. In a video played at trial, Collins told investigators she had previously seen Norwood squeeze, choke and slap Abel on the head -- and never intervened or contacted authorities. She later retracted that statement, and a panel of the state Supreme Court -- in an opinion published last week -- determined the evidence showed she took steps to try to protect the baby. She brought him to doctor's appointments, removed him from Norwood when she thought he was being too rough and told Norwood he needed to move out on the morning the fatal injuries were inflicted, according to the opinion. The justices noted Collins was in a difficult situation. She described to investigators how Norwood abused her both during and after the pregnancy -- and she feared he'd kill her. ‘Nobody’s here’: Business dips at Mercado Latino amid Border Patrol operation When she was pregnant, Collins said, Norwood choked her and kneed her in the stomach. She said he pushed her down and jumped on her late in the third trimester. The abuse continued after she gave birth, Collins said. Norwood once hit her so hard she was sore for a week, she said. She attributed Norwood's violent outbursts to his methamphetamine and heroin use. At trial, she testified to lying about witnessing Norwood abuse the baby. She said she told detectives what they wanted to hear in the hope she'd be released from custody. In reviewing the case, the justices found no evidence Collins knew "with substantial certainty" that Norwood would critically injure the baby. "Here, prior to the fatal act, Collins did not observe any physical injuries, Collins made various efforts to secure appropriate medical attention for Abel, there was no evidence Norwood had brutalized other children, and Collins obtained medical care immediately upon observing Abel was in a state of medical emergency," the opinion says. Norwood, 35, was convicted of murder and assault charges. He is serving 25 years to life.