People v. Phillips CA1/5

I. BACKGROUND

In a November 2013 information, Phillips was charged with felony elder abuse (Pen. Code, § 368, subd. (b)(1)),2 felony falsification of a document to be used in evidence (§ 134), and misdemeanor obstruction of an officer in the course of her duties (§ 148, subd. (a)(1)). It was alleged he had five prior felony convictions within the meaning of section 1203, subdivision (e)(4), three prior felony convictions within the meaning of section 1170.12, subdivision (c)(2), and had served a prior prison term within the meaning of section 667.5, subdivision (b). The following evidence was presented at trial. As of the summer of 2010, Janice was a retired home economics teacher living independently in her Menlo Park home. She had close and loving relationships with her four children and their families, who visited Janice regularly, and gathered at Janice’s home to celebrate holidays. In June 2009, Janice’s daughter, Nichelle, and Nichelle’s children moved in with Janice, and they lived together harmoniously. Janice managed her own affairs, including cooking, driving, shopping, house cleaning, bill paying, and her personal hygiene. She had been diagnosed hypertension in…