Wilson

Tanya Wilson was convicted of one count of first degree burglary, two counts of felony child endangerment and one count of contributing to the delinquency of a minor. It was also found true Wilson served a prior term of imprisonment within the meaning of Penal Code section 667.5, subdivision (b). She was sentenced to a prison term of eight years, four months. Wilson appeals, arguing there is insufficient evidence to support her convictions for child endangerment, the trial court erred in failing to instruct sua sponte on the lesser offense of misdemeanor child endangerment, the trial court erred in failing to give a unanimity instruction as to one of the child endangerment counts, only one count of child endangerment should have been charged and the trial court erred in imposing aggravated terms.

In the unpublished portion of this opinion we conclude the trial court erred in failing to instruct sua sponte concerning misdemeanor child endangerment as a lesser included offense of felony child endangerment.

FACTS

A. Prosecution Case

Appellant lived with her 10-year-old son in a house near 50th Street and Polk Avenue in San Diego. On September 7, 2004, appellant told her…