Chaffin

Introduction

Defendant Michael Houston Chaffin was prosecuted for criminal conduct occurring in 2005 and 2007. A jury convicted defendant of four offenses: one count of domestic battery (§ 243, subd. (e)(1)); one count of child endangerment (§ 273a, subd. (a)); and two counts of vandalism (§ 594, subd. (b)(1)). The jury found defendant not guilty on count 5, brandishing a deadly weapon. The court sentenced defendant to 48 months of probation, including 180 days in county jail.

On appeal, defendant argues there was not sufficient evidence to support his conviction for child endangerment (count 3) and the court committed two kinds of instructional error (counts 1 & 3). We reject his contentions and affirm the judgment.

1. Facts

2. Child Endangerment—Count 3

a. Care and Custody*

b. “Likely”

As we have already identified in an unpublished portion of the opinion, the child endangerment statute refers to conduct by a person “under circumstances or conditions likely to produce great bodily harm or death.” (§ 273a, subd. (a), italics added.) In People v. Wilson (2006) 138 Cal.App.4th 1197, 1204 [ 41 Cal.Rptr.3d 919 ], the court offered a definition of “likely”: “…