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People v. Jordan12/8/2004 ; and (4) the temperature outside the vehicle was slightly below freezing. Having found subsection (b) to be unconstitutional, we do not believe that the evidence offered by the State in this case is sufficient to convict defendant of endangering the life of a child under subsection (a).
There was testimony that an ambulance was called to the scene after Dominique was discovered. Her vital signs were checked. However, there was no testimony that Dominique suffered probable physical or mental damage as a result of being left in the vehicle. Likewise, there was no testimony regarding the internal temperature of the vehicle which may have been conclusive evidence that defendant placed Dominique in circumstances that endangered her life or health. Accordingly, we find that the State failed to meet its burden of proof in this case. We therefore reverse the judgment of the trial court.
Reversed.
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