People v. Toney

California Court of Appeal Nov 30, 1999 No. B130777Published

Before: Coffee

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Holding. The court held that the evidence was sufficient to support a felony child abuse conviction because the defendant's maintenance of a methamphetamine laboratory in his home, where a child resided and visited, constituted a willful endangerment likely to produce great bodily harm.

Issues

Whether the defendant had the 'care or custody' of the child under Penal Code section 273a, subdivision (a).
Whether the defendant's conduct in maintaining a methamphetamine laboratory in his home was 'likely to produce great bodily harm or death' to the child.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Appellant willfully exposed Morgan to danger that was likely to produce great bodily harm. The elements of the statute were met.”

Opinion

COFFEE, J.

Appellant challenges the sufficiency of the evidence supporting his felony child abuse conviction. We affirm.

Facts and Procedural History

Sheriff’s Deputy Michael Thompson was on duty at 10:30 p.m. in East Lancaster. He saw appellant driving a white Toyota in front of him with expired tags. After running a check, he discovered its registration had been expired for over a year. Thompson made a lawful traffic stop in which appellant consented to a search that yielded a small quantity of marijuana. He was arrested.

A search of appellant’s car revealed a cellophane wrapper in the ash tray which contained a small amount of methamphetamine (0.223 grams) and a Ziploc baggie on the driver’s seat that yielded a small amount of cocaine base (0.0942 grams). Thirty-six boxes of pseudoephedrine cold medicine and three bottles of iodine tablets were found in the trunk.

A search of appellant’s residence pursuant to a warrant revealed a “fume trap,” in the living room: a five-gallon plastic bucket containing cat Utter and tubing, designed to absorb deadly fumes released during the manufacture of methamphetamine.

In the dining room was a cardboard box, which held a container of muriatic acid, plastic filters of isopropyl alcohol, isotone, rubber gloves, tubing and hydrogen peroxide. A second box contained various liquids, including solvents and a mixture of hydrochloric acid and red phosphorous. In the kitchen was a jug containing a bilayered liquid that showed traces of methamphetamine and hydroxide. On the floor was a three-gallon pail of a caustic chemical that could melt the skin on contact.

In the garage were solvents, Coleman fuel, and a camp stove with white residue. There was also a fenced-off area in the backyard built up with trash. It was filled with empty containers of solvent, actifed and lye, as well as a discarded respirator.

[621]

To set up the kind of laboratory that appellant had at his house would take approximately five minutes. To cook and process the methamphetamine would take from eight to twelve hours.

People v. Toney

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COFFEE, J.

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