People v. Penning

Defendant was convicted, after bench trial, of 2 counts of endangering the life or health of a child when he overdosed on heroin while a 5-year-old child was in his care and custody. Defendant possessed heroin in close vicinity to the child and used it while the child was in his care and custody. When police and paramedics arrived, they found the child near the bathroom where Defendant was found unconscious and several bags of drugs and syringes were nearby. Based on totality of these circumstances, it was reasonable for court to conclude that Defendant knowingly cause child to be placed in circumstances that endangered his life or health. (DAUGHERITY and SCHMIDT, concurring.)