P. v. Wilson
A jury convicted defendant Rainer Christopher Wilson of elder abuse likely to cause great bodily injury or death upon B.T. (Pen. Code, 368, subd. (b)(1)count 1);[1] battery on a peace officer, a misdemeanor ( 243, subd. (b)count 2); providing false information to a peace officer, a misdemeanor ( 148.9, subd. (a)count 3); and battery upon B.N., a misdemeanor ( 242count 4). In connection with count 1, the jury found that defendant personally inflicted great bodily injury on a person older than 70 years of age. ( 12022.7, subd. (c).) In a separate sanity trial, the jury found that defendant was sane at the time of the offenses. In bifurcated proceedings, the court sustained two prior prison term allegations. ( 667.5, subd. (b).)
Sentenced to state prison, defendant appeals. He contends (1) the prosecutor committed prejudicial misconduct in her argument to the jury during the guilt phase of the trial, misstating the law with respect to the knowledge element of the offense of elder abuse; (2) insufficient evidence supports the jurys sanity finding, violating defendants state and federal constitutional right to due process of law and must be reversed with prejudice; and (3) the court erred in instructing the jury in the sanity phase of trial. Court will reverse the judgment and remand for new trial.
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