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PEOPLE v. VALDEZ

No. S095660.

118 Cal.Rptr.2d 3 (2002)

27 Cal.4th 778

42 P.3d 511

The PEOPLE, Plaintiff and Respondent, v. Eva VALDEZ et al., Defendants and Appellants. The People, Plaintiff and Respondent, v. Eva Valdez, Defendant and Appellant.

Supreme Court of California.

March 28, 2002.

Attorney(s) appearing for the Case

Scott Concklin, under appointment by the Supreme Court, Redding, for Defendant and Appellant Eva Valdez.

Steven Shorr, under appointment by the Supreme Court, Castro Valley, for Defendant and Appellant Hiram David Lebron.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves and Arnold O. Overoye, Assistant Attorneys General, Carlos A. Martinez, Robert M. Morgester, Harry Joseph Colombo and Janis Shank McLean, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

In this case we address the mens rea for felony child abuse involving indirect infliction of harm. (Pen.Code, § 273a, subd. (a).)1 Consistent with a long line of decisional authority, the jury was instructed that felony child endangerment could be committed if defendant Eva Valdez acted with criminal negligence. However, the Court of Appeal interpreted the statute differently...

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