Glasgow v. Super. Ct.
Petitioner (defendant) Raymond Douglas Glasgow seeks a writ of mandate or prohibition commanding respondent superior court to grant his Penal Code section 995 motion challenging a felony charge of elder or dependent adult abuse.(Pen. Code, 368, subd. (b)(1); further undesignated section references are to the Penal Code.) Defendant raises two issues. First, he claims there is insufficient evidence of one element of the charge, i.e., that the act was committed under circumstances or conditions likely to produce great bodily harm or death. (Ibid.) Second, he claims the magistrate did not understand his discretion under section 17 to reduce the offense to a misdemeanor. We conclude that although there is sufficient evidence to support the charge, it does not appear from the record the magistrate exercised his discretion under section 17. Accordingly, Court issue a writ of prohibition.
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