People v. Tonies CA3

FACTS AND PROCEEDINGS

Factual Background The factual background of this case is not relevant to the issues on appeal; it suffices to say that defendant took his then-girlfriend’s seven-year-old son for a ride in his truck. The boy was seated in the front seat without a booster seat. Defendant swerved and crashed into a guard rail, causing his truck to roll over. He then drove through a field, and his truck became stuck on several large boulders about a quarter mile from the site of the accident. He and the boy got out of the truck and started walking, eventually receiving a ride home. Later, he reported the truck stolen and completed and signed a stolen vehicle report. Verdict and Sentence Defendant entered a plea of no contest to filing a false report of a criminal offense, a misdemeanor (§ 148.5, subd. (a); count V); providing false information to a peace officer, a misdemeanor (Veh. Code, § 31; count VI); and driving with a license suspended for a prior violation of driving under the influence, a misdemeanor (id., § 14601.2, subd. (a); count VII). In a subsequent jury trial, the jury found defendant guilty of child endangerment (Pen. Code, § 273a, subd. (a); count III) and…