People v. Davidson CA6

Filed 2/9/15 P. v. Davidson CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H037751

(San Benito County Plaintiff and Respondent, Super. Ct. No. CR-10-00879)

v.

RICHARD CARLTON DAVIDSON,

Defendant and Appellant.

Defendant Richard Carlton Davidson was convicted by jury trial of child abuse (Pen. Code, § 273a, subd. (a); count 1),1 two counts of aggravated assault (former § 245, subd. (a)(1); counts 2 & 3),2 and two counts of misdemeanor vandalism (§ 594, subd. (a); counts 6 & 7). On appeal, defendant argues: (1) insufficient evidence supports his conviction for felony child abuse, (2) the trial court failed to instruct the jury that defendant’s knowledge of the victim’s age is a necessary element of child…