Here's a line you don't see that often:
"Defendant was 75 years old when he committed his crimes in September 2009. . . ."
You wouldn't think that'd be a murder or anything like that, and it's not. "Defendant was convicted on three counts: (A) one count of engaging in sexual intercourse or sodomy with a child who is 10 years old or younger (§ 288.7, subd. (a)); and (B) two counts of committing a lewd or lascivious act upon a child who is younger than 14 years old (§ 288, subd. (a))." Ooof.
According to the opinion, Mr. Espinosa is still confined, albeit in "a privately owned, noncustodial, long-term care facility (the Facility)." The question is whether he should be granted compassionate relief, as he is 92 years old at this point and functionally immobile.
You might think that the issue is about "compassion" or something like that, but not really. It's instead simply who pays. Right now, the Department of Corrections is paying for his facility, since he's still "in prison." The Department wants him to apply for Medi-Cal so someone else -- e.g., the federal government -- pays.
For Mr. Espinosa, it probably matters little. Except that maybe he gets transferred to a worse facility.
Sometimes "prison" is better.
