Healy

People v. Healy

Good Law
14 Cal. App. 4th 1137·18 Cal. Rptr. 2d 274·1993 Cal. App. LEXIS 357·93 Daily Journal DAR 4248·93 Cal. Daily Op. Serv. 2491
Court of Appeal of CaliforniaApril 1, 1993B058569California1,454 words

Opinion

Opinion

Gilbert, J.

Defendant Jeffery Burnell Healy was charged with numerous violations of Penal Code section 273.5, subdivision (a), corporal injury to victims, Rhodona B., and Laura L. The charges pertaining to Rhodona B. took place over a period of nearly a year and involved frequent and brutal beatings causing severe injuries. Healy was also charged with torturing Laura L. in violation of section 206.

Over a period of approximately two weeks Healy battered Laura L. daily. He split her lips, broke her ribs, and stomped on her. He struck her in the jaw, back, arms, neck repeatedly. He flung her in the air so that she landed on the back of her head on the floor. She sustained a fractured jaw, ankle fractures, multiple rib fractures and bruises to her face and torso.

We hold, among other things, that acts of abuse against a cohabitant or a spouse occurring over time may be charged as separate offenses.

We also hold that acts of torture, committed for sadistic purposes do not require a finding of sexual abuse.

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[[Facts]]*

Discussion

I.

Healy contends section 273.5 is a continuing course of conduct offense. Section 273.5, subdivision (a) provides in part: “Any person who wilfully…

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