Manis

People v. Manis

Caution
10 Cal. App. 4th 110·12 Cal. Rptr. 2d 619·12 Cal. Rptr. 619·1992 Cal. App. LEXIS 1219·92 Daily Journal DAR 14089
Court of Appeal of CaliforniaOctober 14, 1992A049506California2,229 words

Opinion

Opinion

Peterson, J.

Appellant was charged with a felony, willfully endangering the health of an elderly and dependent person under circumstances likely to produce great bodily harm or death, in violation of subdivision (a) of Penal Code section 368. She was convicted after a jury trial and received probation, together with a jail sentence of 100 days.

Appellant raises numerous arguments on appeal: (1) A minor error of transcription by the court reporter requires that the jury’s felony verdict be thrown out; (2) section 368 is unconstitutionally vague and overbroad, and violates substantive due process and equal protection rights; (3) appellant was denied effective assistance of counsel at trial; (4) the trial court erred in certain evidentiary rulings; (5) the conviction is not supported by substantial evidence; (6) the jury instructions were inaccurate; and (7) the trial court should not have required that appellant abstain from abuse of drugs and alcohol as a condition of probation. We reject these arguments and affirm the judgment of conviction.

I. Facts and Procedural History

The facts of this case are gruesome; we summarize them briefly. Appellant resided with her helpless…

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