Castillo v. State (2006)

In Castillo v. State, No. 08-04-00377-CR, 2006 WL 1710062 (Tex. App.--El Paso June 22, 2006, no pet.), a mother had left three children at home overnight, and the court held the evidence was legally and factually sufficient to prove the defendant abandoned the children under circumstances that exposed them to an unreasonable risk of harm. Although nothing bad happened, the court pointed out that any of the children could have been injured or fallen ill during the defendant's fourteen-hour absence and there was evidence that the children did not have adequate food available to them. In Castillo v. State, the defendant left her six-year-old son, eight-year-old son, and eleven-year-old daughter alone at home overnight beginning at approximately 7:00 p.m. The defendant had an adult friend who was staying at the house, but she was not able to talk to him and tell him that she would not be coming home. There was conflicting evidence whether the defendant left the children alone that night or with the roommate. The El Paso court held the evidence was legally sufficient to prove the defendant left the three children without providing reasonable and necessary care and that a reasonable and similarly situated adult would not have left the children there overnight. The court also held the evidence was legally sufficient to prove the defendant abandoned the three children under circumstances that exposed them to an unreasonable risk of harm. Although nothing bad happened, the court pointed out that any of the children could have been injured or fallen ill during the defendant's fourteen-hour absence and there was evidence that the children did not have adequate food available to them.