State v. Hocter
Annotate this CaseAlicia Hocter was caring for a six-month-old when she swung the child's head into the top bar of her crib and failed to seek medical attention for the child. Hocter pled guilty to charges of aggravated assault and criminal endangerment, after which she withdrew her guilty plea. A jury found Hocter guilty of both charges. The Supreme Court affirmed, holding (1) the district court did not err when it denied Hocter's motion to dismiss the charge of criminal endangerment as Hocter had actual notice of the facts that the State was obligated to prove to support its theories of criminal endangerment; and (2) the district court did not err in instructing the jury on criminal endangerment predicated on a defendant's omission or failure to act as the instructions properly required the jury to determine whether Hocter breached that duty.
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