Kinkead

People v. Kinkead

Good Law
2000 Cal. App. LEXIS 398·2000 Daily Journal DAR 5397·80 Cal. App. 4th 1113·96 Cal. Rptr. 2d 121·2000 Cal. Daily Op. Serv. 4052
Court of Appeal of CaliforniaMay 22, 2000No. E024597California3,798 words

Opinion

Lead Opinion

Ramirez, J.

A jury convicted Michael Robert Kinkead of child endangerment (Pen. Code, § 273a, subd. (a)) 1 and found true the allegation that it resulted in the victim’s death (§ 12022.95). In bifurcated proceedings, Kinkead pled guilty to two counts of possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and one count each of being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), possessing 28.5 grams or less of marijuana (Health & Saf. Code, § 11352, subd. (b)), keeping a lost credit card (§ 485) and possessing methamphetamine for sale (Health & Saf. Code, § 11378), the latter while on bail (§ 12022.1). He was sentenced to prison for 13 years four months and appeals, claiming that the jury was misinstructed, the evidence is insufficient to support his conviction of child endangerment and the true finding/admission of his enhancements should be reversed. We reject his contentions and affirm.

Facts

Kinkead, a regular user of methamphetamine, had gone for days without sleep due to his ingestion of the drug and had also ingested marijuana and a *1117 wine cooler. He wanted to sleep when he lay down on the sofa with his 30-pound…

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