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Name: People v. Matye
Case #: C050332
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/10/2008
Summary

For the purpose of Penal Code section 368, a dependent adult is one who is between the age of 18 and 64 and whose ability to carry out normal activities or protect his/her rights is limited in some significant way, rather than a person who is precluded from carrying out normal activities or protecting his/her rights. In this case, the victim, defendant’s mother, suffered a massive stroke in 1980, and as a result, was required to use a leg brace and a cane or walker for walking. She also could not speak or comprehend well and had problems with her memory. This condition met the requirement of dependent adult for the purpose of section 368, subdivisions (b)(1) and (f). Further, these provisions did not require defendant to have a caretaker relationship with his mother, merely to commit the acts specified in subdivisions (b)(1) and (f), as compared to subdivision (e) which concerns actions of a “caretaker.”