P. v. Andrade
Appellant Guillermo Andrade was charged by information with felony resisting an executive officer by threat or violence (Pen. Code, 69),[1] felony false imprisonment ( 236), misdemeanor battery (of cohabitant) ( 243, subd. (e)(1)), and misdemeanor child cruelty by endangering health ( 273a, subd. (b)). At the close of testimony, the People moved to dismiss the charge of felony resisting an officer ( 69) and amend the information to include a misdemeanor charge of resisting arrest. ( 148.) The court granted the motion. The jury found appellant guilty of misdemeanor battery (Pen. Code, 243, subd. (e)(1)) and misdemeanor child cruelty by endangering health ( 273a, subd. (b)). The trial court suspended imposition of sentence and placed appellant on formal probation for 48 months. As a condition of probation, appellant was required to serve 45 days in county jail. Appellant alleges the court committed instructional error by failing to adequately define the terms "care or custody" and erred by using the CALJIC, rather than CALCRIM, jury instructions. Court affirm.
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