from the Iowa District Court for Cerro Gordo County, Rustin
T. Davenport, Judge.
Rose appeals his conviction of child endangerment resulting
in serious injury. AFFIRMED.
C. Smith, State Appellate Defender, (until withdrawal) and
Nan Jennisch, Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.
found Jeremy Rose guilty of child endangerment resulting in
serious injury. On appeal, Rose contends "[t]he
alternative for child endangerment was not legally supported
by the evidence" and "[t]he district court
therefore erred in instructing the jury on this theory of
to a lawsuit are entitled to have their legal theories
submitted to the jury if such theories are supported by
substantial evidence." State v. Hogrefe, 557
N.W.2d 871, 876 (Iowa 1996). "In determining whether
there is substantial evidence to support submission of an
instruction to the jury, we view the evidence in the light
most favorable to the party requesting the instruction."
State charged Rose with five statutory alternatives of child
endangerment. The district court instructed the jury on four
of the five alternatives. See Iowa Code §
726.6(1)(a)-(d) (2017). The instruction for the challenged
alternative was as follows:
The State must prove all of the following elements of child
endangerment resulting in serious injury:
1. On or about June 22, 2017, the defendant was the parent,
guardian, or person having custody or control of [the child].
2. [The child] was under the age of 14 years.
3. The defendant intentionally deprived [the child] of
necessary health care or supervision appropriate to ...