P. v. Horton
jury convicted Debra Lee Horton (Debra) of abuse of a dependent adult (Pen. Code,former 368, subd. (b)(1)), arising out of the death of her 60 year old mother, Concepcion Horton (Concepcion), who spent the last several years of her life bedridden and being cared for by Debra and Debra's father, John Kenneth Horton, Sr. (Kenneth, Sr.), in the family home. The jury also found that Debra proximately caused her mother's death. (Former 368, subd. (a)(3).)
The trial court granted probation to Debra, suspending an eight year prison term, and imposed probation conditions, including the service of a 365day sentence in county jail.
In her appeal, Debra argues that insufficient evidence supports her conviction, and that the trial court erred in responding to a jury note without first notifying counsel and by giving an answer that misstated the law.
As Court explain, Court conclude (1) that the verdict is supported by substantial evidence, and (2) that the trial court erred by responding to the jury note without informing counsel, and the error was not harmless beyond a reasonable doubt. Accordingly, Court reverse.
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