P. v. Richey CA2/17
Defendant Larry Ray Richey punched 85-year-old Lawrence Windham multiple times after he parked close to defendant’s car at a gas station. Windham died five hours later from a heart attack. The pathologist that performed the autopsy of Windham testified he died from a heart attack precipitated by defendant’s attack. Defendant was found guilty of elder abuse likely to produce great bodily injury or death (Pen. Code, § 368, subd. (b)(1)) and battery with serious bodily injury (§ 243, subd. (d)), with the special allegation for the elder abuse charge that defendant personally inflicted great bodily injury on the victim who was 70 years of age and older (§ 12022.7, subd. (c)).
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