State v. Cummings

The opinion of the court was delivered by

Johnson, J.:

Jessica D. Cummings seeks our review of the Court of Appeals decision that affirmed her conviction for involuntary manslaughter based on the underlying crime of endangering a child. Cummings contends that the district court should have supplemented the pattern jury instruction on the elements of endangering a child, PIK Crim. 3d 58.10, by explaining to the jury what was meant by “reasonable probability.” We agree and find that tire failure to define “reasonable probability” was clearly erroneous. Accordingly, we reverse and remand for a new…