Brock

Between 1997 and 2002, defendant Ronald Leon Brock requested and received more than $600,000 from Norman Roussey to pay for Brock’s living expenses. At all relevant times, Roussey was over 65 years old and qualified as an “elder adult” pursuant to Penal Code section 368, subdivision (g). Based on these transactions, defendant was convicted of theft against an elder (Pen. Code, § 368, subd. (d)) (count 1) and grand theft (Pen. Code, § 487, subd. (a)) (count 2). As to each count, the jury found true an enhancement allegation that defendant took property of a value exceeding $150,000 (Pen. Code, § 12022.6, subd. (a)(2)). Defendant challenges these convictions on numerous grounds. In the one challenge we find dispositive, defendant argues the trial court erred by instructing the jury that Roussey’s apparent consent to the transactions was ineffective if obtained by the exercise of undue influence. The court adopted the Civil Code definition of undue influence and informed the jury that “undue influence exists where a defendant [takes] an unfair advantage of another’s weakness of mind.” We agree with defendant that these instructions were flawed and reverse both…