Can a jury find that a reasonable person would have known that leaving the baby with defendant presented a risk of great bodily harm?

California, United States of America


The following excerpt is from People v. Felton, 122 Cal.App.4th 260, 18 Cal.Rptr.3d 626 (Cal. App. 2004):

reasonable person would have known. Defendant had inflicted great bodily injury on the baby before. Littlefield had agreed, for the protection of her children, not to let defendant near them. Also, the baby had older, healing injuries of which Littlefield inferably might have been aware. The jury could find that a reasonable person would have known that leaving the baby with defendant presented a risk of great bodily harm. (See People v. James (1987) 196 Cal.App.3d 272, 284, 241 Cal.Rptr. 691 [where there was evidence that mother knew the defendant was abusing

[18 Cal.Rptr.3d 634]

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