People v. Racy

Opinion

ROBIE, J.

Despite being “zapped” on the leg with a stun gun and chased down the hallway in his house, the elderly victim in this case was able to retreat to his bedroom, lie in a defensive position on his bed, and emerge unscathed as his wallet was stolen from his person. Based on these facts, a jury found defendant Norman William Racy II guilty of residential robbery and elder abuse “under circumstances or conditions likely to produce great bodily harm or death.” (Pen. Code, 1 § 368, subd. (b)(1).) The jury was unable to reach a verdict on charges of assault with a stun gun and…