P. v. Arteaga
Defendant Jose Alejandro Arteaga brutally stabbed his wife, Naomi Johnston in the presence of their two young children. Naomi miraculously survived the attack.
Defendant appeals from judgment entered following jury convictions for premeditated and deliberate attempted murder (Pen. Code, §§ 664, 187, subd. (a)[1]; count 1); first degree residential burglary (§ 459; count 2); corporal injury to a spouse (§ 273.5, subd. (a); count 3); child endangerment (§ 273a, subd. (a); counts 4 & 5); and criminal threats (§ 422; count 6). The jury also found true, as to counts 1, 3, and 6, allegations that defendant used a deadly or dangerous weapon, a knife (§ 12022, subd. (b)(1)) and personally inflicted great bodily injury (GBI) under circumstances involving domestic violence (§ 12022.7, subd. (e)). The trial court sentenced defendant to seven years to life, plus 22 years four months in state prison.
Defendant contends there was insufficient evidence to support his convictions for child endangerment and the trial court erred in failing to instruct the jury on misdemeanor child endangerment as a lesser-included offense of felony child endangerment (counts 4 and 5). We reject these contentions and affirm the judgment.
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