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Name: People v. Brown
Case #: D035066
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/02/2001
Subsequent History: Rehg. Denied 8/23/01. Rev. Denied 11/14/01

Furth and Bondy were long time friends who each suffered from apotemnophilia, the desire to have a limb amputated. Bondy was 79 years old and had had heart surgery 10 years earlier. In 1998, Furth arranged to have defendant, whose medical license in California had been revoked in 1977 for gross negligence and who was not licensed to practice medicine in Mexico, amputate Furth’s leg in Tijuana, with postoperative care in a San Diego hotel for 3 or 4 days. Furth changed his mind while waiting at the Tijuana clinic. About two weeks later, Bondy had the surgery and 2 days later, Bondy was found dead in his San Diego hotel of gas gangrene, a condition associated with dirty surgical conditions and improper wound care. It is readily treatable but can kill within 1 or 2 days if untreated. The court held that California had jurisdiction to prosecute defendant because there were sufficient non de minimis prepatory acts in California done with the intent of commiting the crime of second degree murder. Moreover, the application of this rule, established in People v. Morante (1999) 20 Cal.4th 403, can be applied here without offending the rule of retroactivity.