People v. Butler CA5

Facts – Prosecution Case Glenda Rettick testified that in September 2010, appellant, who Rettick had known for approximately 16 years, was living in her house, paying no rent but working for her as a handyman.3 Rettick was 69 years old at the time, and she had told appellant her age more than once.

All statutory references are to the Penal Code. In his letter, appellant also requested time to submit additional briefing. This court granted that request. Appellant, however, has not responded, and the time granted by this court to submit additional briefing has expired. Except as otherwise indicated, the “Prosecution Case” portion of our factual summary is taken from Rettick’s testimony.

2 On the morning of September 2, 2010 (September 2), Rettick asked appellant to go with her to the food bank to help her carry the box of food she intended to get for the two of them. Appellant asked Rettick for money to buy beer, Rettick refused the request, and appellant said, “I’ve done a lot of work for you.” At that point, Rettick left her house and, after first going to the food bank, went to her bank to get $20 for appellant. She returned home at approximately 5:00 p.m.,…