Hansen

Defendant and appellant John Edward Hansen (appellant) was charged in count one with felony child endangerment (Pen. Code, § 273a, subd. (a)) while armed with a firearm (§ 12022, subd. (a)(1)) which resulted in death (§ 12022.95). Count two charged involuntary manslaughter (§ 192, subd. (b)) while armed with a firearm (§ 12022, subd. (a)(1)). A jury found appellant guilty as charged and alleged. The trial court sentenced him to state prison for six years.

Appellant contends that the convictions are not supported by substantial evidence, the instructions were inaccurate and the sentence is improper. We affirm.

I. Statement of the Facts

On December 14, 1995, Jason Campbell, the 14-year-old-victim, was killed by a shot from a .357-caliber Magnum revolver discharged at or near the surface of the skin into his right temple. The events surrounding the death of Jason were observed by appellant and three teenage eyewitnesses: Alicia T., Johnny M. and Eric B. December 14, 1995, was one week before appellant’s thirty-fifth birthday. He lived with his girlfriend and her three children. At the time of the shooting, Alicia and Eric were staying at appellant’s residence. Jason was a…