Valdez

Certified for Partial Publication. [*]

The convictions in this case arose from the death of 11-month-old Thalia Escoto (Thalia), the daughter of defendant Hiram Lebron's (Lebron) live-in fiancée, defendant Eva Valdez (Valdez). [1]

Defendant Valdez was convicted of felony child endangerment, and an enhancement of child endangerment resulting in death was found to be true. [2] We will reverse the conviction. In the published portion of this opinion, we find that Valdez was prejudiced when the court instructed and the prosecutor argued to the jury that the necessary mental state for felony willful endangerment was met by proof of criminal negligence. [3] The crime's mental state is found in the endangerment statute's use of the term "willfully." From it we conclude that an accused must "purposefully" or "intentionally" cause or permit the child to be placed in a situation where there is a serious physical danger or a serious health hazard to the child. Given this required purpose or intent, the accused must subjectively know or be aware of the danger or hazard.

Defendant Lebron was convicted of one count of involuntary manslaughter and one count of assault on a child…