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Name: People v. Rae
Case #: A095637
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/19/2002
Subsequent History: 10/9/02: mod. on den. of rehrg. 11/26/02: revw den.

Appellant was convicted of elder abuse for acts which occurred over a period of time. (He failed to provide the elderly woman in is charge with appropriate nutrition, help her move or clean herself, and failed to cooperate with health care workers and caregivers.) The trial court refused appellant’s request that it instruct the jury on unanimity pursuant to CALJIC 17.01. Here, the appellate court affirmed, holding that the trial court correctly refused the instruction. Appellant’s acts were successive, compounding, and interrelated – and therefore a continuing course of conduct, for which a unanimity instruction was not required.