California Court of Appeal

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People v. Racy, C052783

In case where defendant zapped elderly victim on the leg with a stun gun and took his wallet while in his house, a conviction and sentence for residential robbery and elder abuse under circumstances or conditions likely to produce great bodily harm or death is reversed as to the elder abuse conviction where the court prejudicially erred in failing to instruct the jury on the lesser included offense of misdemeanor elder abuse.

Appellate Information

  • Decided 03/27/2007
  • Published 03/27/2007


  • ROBIE, J.


  • California Court of Appeal


  • For Appellees:
  • Law Office of Michelle E. Guardado and Michelle E. Guardado, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, Wanda Hill Rouzan, Deputy Attorney General, for Plaintiff and Respondent.
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