People v. Greenway CA3

DISCUSSION

There Was Insufficient Evidence Of Felony Child Endangerment Defendant challenges the sufficiency of evidence to support his conviction for felony child endangerment. Specifically, defendant contends “there was insufficient evidence that the child’s circumstances or conditions in the home on the date alleged in the information were likely to produce or result in great bodily harm or death.” We agree and therefore reduce defendant’s conviction to misdemeanor child endangerment. The standard of review is well established. When reviewing the sufficiency of the evidence on appeal, we review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence, that is, evidence which is reasonable, credible, and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. (People v. Johnson (1980) 26 Cal.3d 557, 578.) Penal Code section 273a , subdivision (a) provides in relevant part as follows: “Any person who, under circumstances or conditions likely to produce great bodily harm or death . . . having the care or custody of any child . . . willfully causes or permits that…