California Court of Appeal

Conviction for elder abuse, including a sentencing enhancement for inflicting great bodily injury on a person 70 years of age or older, is affirmed where the trial court properly instructed the jury that defendant's alleged mental incompetence could only be considered in connection with the issue of whether he 'knew' or 'reasonably should have known' that the victims were 'elders' under the law, and not to whether he 'willfully' inflicted physical pain on one of the victims.

Appellate Information

• Published 2016/11/23

Judges

• BENKE

Court

• California Court of Appeal

Counsel