What is the standard for determining whether the evidence sufficient to convict a defendant under the California Child Endangering Act?

California, United States of America


The following excerpt is from People v. Watson, C055138 (Cal. App. 5/29/2008), C055138 (Cal. App. 2008):

In determining whether the evidence is sufficient to support a conviction, the court must review "the whole record in the light most favorable to the judgment" and decide "whether it discloses substantial evidence . . . 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.)

"Under this standard, the court does not `"ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt." [Citation.] Instead, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' [Citation.]" (People v. Hatch (2000) 22 Cal.4th 260, 272, italics omitted.)

As relevant to this case, pursuant to section 273a, subdivision (a), it is a crime for "[a]ny person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering . . . ." The felony child endangerment statute is "`"intended to protect a child from an abusive situation in which the probability of serious injury is great." [Citation.]'" (People v. Valdez (2002) 27 Cal.4th 778, 784 (Valdez).) To support his contention, defendant argues his acts were not sufficiently likely to result in death or serious injury.

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