P. v. Bunn
A jury convicted defendant and appellant William Steven Bunn of cultivating marijuana (Count I—Health and Saf. Code, § 11358); the lesser included misdemeanor offense of child endangerment[1] (Count II—Pen. Code, § 273a, subd. (b));[2] and possession of a firearm by a person prohibited to do so (Count III—Pen. Code, § 12021, subd. (c)(1)). The same jury convicted defendant and appellant Mary Allison Bunn of cultivating marijuana, (Count I—Health and Saf. Code, § 11358) and the lesser included misdemeanor offense of child endangerment (Count II—Pen. Code, § 273a, subd. (b)).[3] The trial court sentenced William to a 16-month aggregate term of imprisonment. It granted Mary probation.
On appeal, Mary contends: (1) the trial court erred by declining to quash the search warrant and exclude all evidence discovered pursuant thereto; (2) the trial court erred in refusing to instruct on possession of marijuana as a lesser included offense of cultivation; and (3) that substantial evidence does not support her conviction for misdemeanor child endangerment. William maintains the People committed several acts of prejudicial misconduct depriving him of his constitutional right to a fair trial. Defendants join in each others’ claims. We affirm the judgment.
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