Deskin
People v. Deskin
Opinion
Opinion
Best, J.
Statement of the Case
Becki Leanne Deskin was convicted by a jury of misdemeanor child endangerment (Pen. Code, § 273a, subd. (2)), a lesser included offense of felony child endangerment (§ 273a, subd. (1)). In the unpublished portion of this opinion we consider the sufficiency of the evidence to support the conviction. In the published portion we consider whether the statute is unconstitutionally vague. We will affirm the judgment.
Statement of Facts
Discussion
I. Was the conviction for misdemeanor child endangerment (§ 273a, subd. (2)), supported by sufficient evidence?
II. Is Penal Code section 273a, subdivision (2), unconstitutionally vague, violating constitutional due process guarantees?
Defendant contends section 273a, subdivision (2) is unconstitutionally vague. While a number of cases have held that the felony portion of the statute, section 273a, subdivision (1), is not void for vagueness, subdivision (2) of the section, the misdemeanor provision, has not been addressed. We conclude the misdemeanor provision is not unconstitutionally vague under the same rationale as was applied to the felony portion of the statute.