Burton

—A juryconvicted defendant Carlos Cortez Burton of torture, aggravated mayhem, corporal injury, and misdemeanor child endangerment. (Pen. Code, §§ 206, 205, 273.5, subd. (a), 273a, subd. (b).) On appeal, defendant contends there was insufficient evidence to support (1) his conviction for torture; (2) his conviction for child endangerment; and (3) the enhancement allegations that he used a dangerous or deadly weapon. (§ 12022, subd. (b)(1).) We disagree and affirm the judgment.

In so doing, we conclude that a parent may be convicted of misdemeanor child endangerment under section 273a, subdivision (b), by engaging in serious domestic violence against the other parent while aware that his or her child is at the scene.

Background

Defendant and the victim, Shanita S., have had a stormy relationship dating back to 1994. Defendant had threatened Shanita multiple times, sometimes with a gun. They had lived together off and on and have two sons. In 2004, Shanita and the children moved from Arkansas to Sacramento after defendant threatened to “hurt” her if she stayed in town. Shortly thereafter, defendant moved to Sacramento and eventually moved in with Shanita because Shanita…