APPEAL from the Superior Court of Riverside County. Roger A. Luebs, Judge. Affirmed. (Super.Ct.No. RIF137419).
The opinion of the court was delivered by: Gaut, J.
CERTIFIED FOR PARTIAL PUBLICATION*fn1
Defendant Michael Houston Chaffin was prosecuted for criminal conduct occurring in 2005 and 2007. A jury convicted defendant of four offenses: one count of domestic battery (§ 243, subd. (e)(1)); one count of child endangerment (§ 273a, subd. (a)); and two counts of vandalism. (§ 594, subd. (b)(1).) The jury found defendant not guilty on count 5, brandishing a deadly weapon. The court sentenced defendant to 48 months of probation, including 180 days in county jail.
On appeal, defendant argues there was not sufficient evidence to support his conviction for child endangerment (count 3) and the court committed two kinds of instructional error (counts 1 and 3). We reject his contentions and affirm the judgment.
a. The contentions on appeal relate only to counts 1 and 3. Defendant was also convicted on count 4 and acquitted on count 5.
Defendant and his girlfriend, S.S., were living together in her mother‟s house in Norco when their son, C.C., was born in March 2007. Later defendant moved to a house in Mira Loma. Although S.S. asserted she had custody of C.C., the baby stayed with defendant about five times.
On the evening of May 17, 2007, S.S. took C.C. to visit defendant in Mira Loma. Because he was not home yet, she waited inside the house with two of defendant‟s friends.
Before defendant arrived at 8:45 p.m., he called S.S. and demanded she move her car out of the driveway. S.S. put C.C. in his car seat and moved her car, allowing defendant to pull in while she parked behind him. Leaving C.C. in his car seat, she returned to the house to get her tote bag and purse.
Inside the house, defendant and S.S. argued about why she was leaving. Defendant called her names. He wanted her to bring her personal belongings from the Norco house and live with him.
Instead S.S. decided to leave. Defendant followed her out of the house and pushed her in the front yard. She slapped him. He punched her in the face. He ordered her to leave and threatened to knock her "F‟ing teeth out." Then he punched her in the nose, knocking her against a fence, and causing her to suffer a bloody nose, swollen lip, and bruises. Defendant warned her, "[S]ee what happens when you don‟t do what I say."
As S.S. got in her car, defendant began throwing rocks, some as large as golf balls. She may have returned fire. A rock shattered her rear window and two rocks entered the car. Defendant continued to bang on the car windows and throw rocks at the car as S.S. backed out of the driveway.
When S.S. stopped the car to check on C.C., she found glass shards in his hair and car seat. Defendant was pursuing them on foot so she drove to a convenience store and called the police and her mother.
When a deputy sheriff contacted S.S. at the convenience store, she was shaken, nervous, and appeared to have been crying. The deputy confirmed that she had a bloody nose and a swollen upper lip. Her ...