People v. Greenway CA3

Filed 9/8/14 P. v. Greenway CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Trinity) ----

THE PEOPLE, C075640

Plaintiff and Respondent, (Super. Ct. No. 12F007A)

v.

JON SCOTT GREENWAY,

Defendant and Appellant.

A jury found defendant Jon Scott Greenway guilty of felony child endangerment and possession of a controlled substance. Defendant appeals his conviction for felony child endangerment, arguing the People presented insufficient evidence that the conditions of the home where the child was found were likely to produce great bodily harm or death. We agree and accordingly reduce defendant’s conviction to misdemeanor child endangerment and remand for resentencing.

1

FACTUAL AND PROCEDURAL BACKGROUND On January 5, 2012, Officer Marco Martin, a California highway patrol officer, searched defendant’s home pursuant to a search warrant. Officer Martin saw defendant and defendant’s three-year-old child when he first went into the home. Officer Martin found the trailer was generally messy, with the kitchen sink full of dishes. He found a marijuana pipe with burnt residue, a small tray with loose marijuana buds on it, and a closed folding knife all on top of a coffee table in the living room area. The coffee table was about one foot eight inches off the floor. The child was about three feet three inches tall and her reach was just under four feet. Thus, the child had access to the marijuana that was out in the open. The child’s room was very messy as well, with clothes and toys strewn all over the place. There was a partially smoked marijuana cigarette on top of one of the child’s dressers. Officer Martin believed the child could have accessed the top of that dresser from her bed. Officer Martin additionally searched the master bedroom and found a jar of marijuana, a small digital scale that had white residue on it, two methamphetamine pipes on top of a dresser, and a small plastic bindle with a white crystalline substance (later identified by the Department of Justice as methamphetamine). Another dresser in the master bedroom had a jar full of partially smoked marijuana cigarettes and a mirror with a razor blade and white residue on it. There was also a black case found next to the mirror, which contained 11 small plastic bags with white residue inside. Defendant was charged with receiving stolen property, felony child endangerment, and possession of a controlled substance. The jury found defendant guilty of felony child endangerment and possession of a controlled substance.1 Defendant was sentenced to