Ellis v. Commonwealth

ANNUNZIATA, Judge.

Brenda Ann Ellis (“appellant”) was convicted by bench trial of child neglect in violation of Code § 18.2-371.1(A) and of cruelty to children in violation of Code § 40.1-103. Appellant appeals both convictions, contending the evidence was insufficient to find that she acted with the criminal intent or state of mind required to support the convictions. For the reasons set. forth below, we reverse.

I

FACTUAL BACKGROUND

When considering the sufficiency of the evidence on appeal of a criminal conviction, we consider the evidence in the light most favorable to the Commonwealth and…