P. v. Johnson CA1/2
Defendant John David Johnson drove while intoxicated at twice the legal blood alcohol limit, with his six-year-old son in the backseat. Nobody was hurt when he ran into a truck in an intersection on the city streets of Vallejo, California, nor thereafter when he drove away from the scene, inebriated, with his child still in the car. Johnson was subsequently convicted after a jury trial of felony child endangerment (Pen. Code, § 273a, subd. (a)), and he now appeals.
We conclude that substantial evidence supports his conviction. We also reject his other two claims of error: that the trial court failed to respond properly to several jury questions about one element of that offense, and also that, in response to another jury question, it misadvised the jurors about the order in which they were permitted to deliberate on the lesser included offense of misdemeanor child endangerment.
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