California Court of Appeal

A conviction for possession of heroin, cruelty to a child by endangering the health of the child, and unauthorized possession of hypodermic needles or syringes is affirmed where: 1) there was substantial evidence to support the jury's finding of guilt on the charge of endangering the health of a child; 2) the trial court did not err in refusing to instruct the jury with an instruction defendant requested; and 3) the jury was properly instructed concerning the meaning of "care or custody" for purposes of the endangerment charge.

Appellate Information

• Decided 07/21/2008
• Published 07/21/2008

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Offices of Russell S. Babcock and Russell S. Babcock, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Theodore M. Cropley, Deputy Attorneys General, for Plaintiff and Respondent.