¶1(dissenting).
¶2I would reverse the defendant’s convictions because there was not substantial evidence that the defendant encouraged Justin Flowers to possess alcohol, or affirmatively delivered or transferred alcohol to him. There was no evidence in the record that defendant knew Flowers was consuming alcohol, or that she saw him in an intoxicated state when he went upstairs. I do not believe that the defendant’s passive conduct — allowing alcohol to remain accessible to minors — constitutes encouragement or an affirmative delivery so as to render the defendant criminally responsible for Flowers’ death.
¶3LAVORATO, J., joins this dissent.