People v. Dillard CA3

FACTS AND HISTORY OF THE PROCEEDINGS

We summarize the pertinent facts from our prior opinion in Dillard, supra, C012988, affirming defendant’s conviction. We do not rely upon this factual summary in reaching our decision, but instead paraphrase it to give context to our discussion.

A. The Crimes and Convictions

In 1981, defendant worked the day shift as a cook at a convalescent hospital where the 92 or 93-year-old victim, G.T., was a resident. (See generally Dillard, supra, C012988.) At the time, defendant lived with J.G., a nursing assistant employed at the

2 same hospital and she let him drive her car, a 1972 Chevrolet. Defendant abruptly quit after being seen one night around 1:30 a.m. in street clothing in the hospital walking towards the south hall where G.T.’s room was located. On the morning of November 8, 1981, defendant drove J.G. to the hospital in her car. J.G. quit later that morning and had to walk home after she was unable to reach defendant for a ride. After dropping J.G. off, defendant had driven to visit another woman, P.L. Defendant and P.L. spent the day together. That afternoon, defendant called J.G. several times to tell her he would be home later, at…