What is the test for overturning a child endangerment conviction?

California, United States of America


The following excerpt is from People v. Ximenez, C049844 (Cal. App. 3/24/2008), C049844 (Cal. App. 2008):

"Although we must ensure the evidence is reasonable, credible, and of solid value, nonetheless it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts on which that determination depends. [Citation.] Thus, if the verdict is supported by substantial evidence, we must accord due deference to the trier of fact and not substitute our evaluation of a witness's credibility for that of the fact finder. [Citations.]." (People v. Jones (1990) 51 Cal.3d 294, 314.)

We examine the evidence supporting each of the challenged convictions.

A. Child Endangerment

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