People v. Racy
California Court of Appeal
148 Cal. App. 4th 1327, 56 Cal. Rptr. 3d 455 (2007)
- Written by Liz Nakamura, JD
Facts
Norman Racy (defendant) broke into James Picaso’s home and demanded $500. When Picaso refused, Racy hit Picaso in the leg with a stun gun, causing Picaso great pain. Picaso was 74 years old, a diabetic, and had bad knees. After the stun gun hit, Picaso attempted to retreat to his bedroom, but Racy chased him. Racy tipped Picaso over onto his bed and tore Picaso’s wallet out of his back pocket. In the subsequent struggle, Racy tripped Picaso. Racy then fled, and Picaso called 911. Picaso was uninjured and did not seek medical attention for the stun gun hit. The State of California (plaintiff) charged Racy with felony elder abuse. At trial, the trial judge only instructed the jury on felony elder abuse, not the lesser included offense of misdemeanor elder abuse. The jury convicted Racy of felony elder abuse. Racy appealed, arguing that (1) the conviction was based on insufficient evidence; or, alternatively, (2) the trial court committed reversible error by failing to instruct the jury on the lesser included offense.
Rule of Law
Issue
Holding and Reasoning (Robie, J.)
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