P. v. Fousek
A jury convicted defendant Patrick Fousek of felony child endangerment (Pen. Code, § 273a, subd. (a))[1] and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364) but deadlocked on a third count, misdemeanor using or being under the influence of a controlled substance (Health & Saf. Code, §11550, subd. (a)). The trial court declared a mistrial on that count and sentenced defendant to six years in prison.
On appeal, defendant contends that (1) the evidence was insufficient to support his child endangerment conviction, and (2) the trial court prejudicially erred in failing to give a unanimity instruction with respect to that count. We agree with defendant’s second contention and reverse the judgment.
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