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PEOPLE v. SARGENT

No. S067672.

81 Cal.Rptr.2d 835 (1999)

19 Cal.4th 1206

970 P.2d 409

The PEOPLE, Plaintiff and Respondent, v. Michael Daniel SARGENT, Sr., Defendant and Appellant.

Supreme Court of California.

As Modified March 9, 1999.

Attorney(s) appearing for the Case

K. Douglas Cummings, under appointment by the Supreme Court; and Barry A. Zimmerman, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Stan Cross, Cynthia G. Besemer and Janis Shank McLean, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

In this case we determine the required mens rea for a conviction of felony child abuse based on direct infliction of unjustifiable physical pain and mental suffering. (Pen. Code,1 § 273a, former subd. (1), now § 273a, subd. (a) (section 273a(1)).)2 The Court of Appeal concluded criminal negligence is required. We disagree, and therefore reverse...

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