California Court of Appeal

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People v. Catley, G036876

Conviction for theft by a caretaker from an elder is affirmed over claims that: 1) there was insufficient evidence to support conviction for theft based on theory of larceny, as the victim, a 68-year-old man suffering from cognitive impairment from Parkinson's disease and the medication taken to treat the disease, consented to her taking his money to buy a new sport utility vehicle; and 2) the trial court erred by instructing the jury in accordance with Penal Code section 1127g that a witness with a cognitive impairment is not any more or less credible than any other witness.

Appellate Information

  • Decided 03/09/2007
  • Published 03/09/2007

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Terrence Verson Scott, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Susan Miller, Deputy Attorneys General, for Plaintiff and Respondent.
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