Perez

I.

INTRODUCTION

Defendant Joe Reyes Perez appeals from a judgment of conviction for possession of heroin, cruelty to a child by endangering the health of the child, and unauthorized possession of hypodermic needles or syringes. Perez contends that there is insufficient evidence to support his conviction for endangering the health of a child. Perez further contends that the trial court erred in failing to give Perez’s proposed amplifying instruction concerning the meaning of “care or custody” as it relates to the endangerment charge.

We conclude that there is substantial evidence to support the jury’s finding of guilt on the charge of endangering the health of a child. We further conclude that the trial court did not err in refusing to instruct the jury with the amplifying instruction Perez requested because the proposed instruction is an incomplete statement of the law, and the jury had already been properly instructed. We therefore affirm the judgment of conviction.

n.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

1. The prosecution case

At just after 2:00 p.m. on February 23, 2007, Chula Vista Police Department detectives from the Narcotics Enforcement…