Roman

Petitioner Christopher Brian Roman challenges the trial court’s denial of his motion to set aside an information under Penal Code section 995. He argues there was insufficient evidence to bind him over for trial for violation of section 368, subdivision (b)(1). That statute punishes felony abuse of a dependent adult under circumstances or conditions likely to produce great bodily harm or death. He argues that the evidence is insufficient to establish the requisite likelihood and that he knew the victim was a dependent adult. We conclude the showing at the preliminary hearing was sufficient in both respects, and hence the section 995 motion was properly denied. We deny the petition for writ of prohibition.

FACTUAL AND PROCEDURAL HISTORY

Lillian R., the mother of John Doe No. 1, testified that he is autistic, is hydrocephalic and mentally retarded, and has had three open brain surgeries. John Doe No. 1 is 25 years old, lives with Lillian R., and is enrolled in training programs for disabled persons. Lillian R. makes most decisions for him because he is unable to do so.

John Doe No. 1 testified that he was approached by petitioner, who pulled him into his car. Petitioner…