Can a defendant be convicted of both counts one and two of child endangerment?

California, United States of America


The following excerpt is from People v. Johnson, C085283 (Cal. App. 2019):

Defendant contends he could not be convicted of both counts one and two because the two counts comprise a single continuous course of conduct that will support only one conviction. He argues that child endangerment is a continuous course of conduct crime and the course of conduct cannot be separated into distinct acts for multiple convictions. He relies on People v. Avina (1993) 14 Cal.App.4th 1303 at page 1311, a case involving continuous sexual abuse of child ( 288.5).

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