Latham

People v. Latham

Good Law
137 Cal. Rptr. 3d 443·2012 Cal. App. LEXIS 110·203 Cal. App. 4th 319·2012 WL 372682
Court of Appeal of CaliforniaFebruary 7, 2012No. D058385California5,738 words

Opinion

Lead Opinion

Aaron, J.

I.

INTRODUCTION

A jury found Gregory Lee Latham (Gregory) and Yvonne Dee Latham (Yvonne) guilty of the second degree murder of their 17-year-old daughter, Nanette Latham (Nanette) (Pen. Code, §§ 187, subd. (a), 189) (count l). 1 The jury also found appellants guilty of child endangerment (§ 273a, subd. (a)) (count 2). 2 In addition, with respect to count 2, the jury found that appellants committed the offense under circumstances specified in section 12022.95. 3 Nanette, who suffered from type 1 diabetes, died from complications related to the disease. 4 At trial, the People presented evidence that appellants acted with conscious disregard for Nanette’s life by failing to obtain medical treatment for her in the days preceding her death.

*322 Appellants contend that there is insufficient evidence to support the jury’s verdicts finding them guilty of second degree murder. Specifically, appellants contend that the record lacks sufficient evidence from which the jury could have found that they knew that their failure to obtain medical treatment for Nanette endangered her life or that they failed to obtain such medical treatment in conscious disregard for Nanette’s life,…

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