State v. David

Victor David lived with his disabled wife, Linda David, on a small sailboat. David acted as Linda’s guardian and received state funding to provide care for her. After several unsuccessful attempts by state employees to examine Linda, police were called to investigate. They found Linda living in squalor with severe facial disfigurement and several broken bones. The State charged David with assault in the second degree. The first trial resulted in a hung jury. A second trial yielded a guilty verdict, and the court sentenced David to the 10-year maximum.

On appeal David argues that the court…