People v. McKelvey

Opinion

GILBERT, J.

Defendant Thomas L. McKelvey III appeals a judgment of conviction of neglect of a dependent adult. (Pen. Code, 1 § 368.) We affirm and hold section 368 provided fair warning of the conduct it prohibits as to defendant.

Facts

Dolores McKelvey, a multiple sclerosis victim, lived at home with her daughter Theresa and her son, the defendant. Mrs. McKelvey was paralyzed and unable to walk or use a wheelchair. Theresa cared for Mrs. McKelvey’s personal hygiene, and defendant cooked and maintained the family home. On November 28, 1988, Theresa permanently left home because her…