McKelvey

Defendant Thomas L. McKelvey III appeals a judgment of conviction of neglect of a dependent adult. (Pen. Code, § 368.) We affirm and hold section 368 provided fair warning of the conduct it prohibits as to defendant.

Facts

Dolores McKelvey, a multiple sclerosis victim, lived at home with her daughter Theresa and her son, the defendant. Mrs. McKelvey was paralyzed and unable to walk or use a wheelchair. Theresa cared for Mrs. McKelvey’s personal hygiene, and defendant cooked and maintained the family home. On November 28, 1988, Theresa permanently left home because her mother’s care “overwhelmed” her. She informed her mother she was leaving.

Four days later defendant summoned emergency assistance for his mother. A fireman responding to the call testified he discovered Mrs. McKelvey in a hospital bed lying in excrement from her ankles to her shoulders. Maggots, ants and other insects crawled upon her. She had sores on her legs and complained of the insect bites. Her skin flaked when he brushed the insects away. The house strongly smelled of excrement.

Mrs. McKelvey appeared mentally alert, however, and asked not to be moved because she was in pain. The paramedics…