People v. Elsmore CA4/2

I.

INTRODUCTION

Defendant and appellant Richard Scott Elsmore was sentenced to three years in

prison after a jury convicted him of various offenses related to his financial abuse of Tina

L., an adult with significant cognitive impairment and mental health issues. He argues

his convictions must be reversed because there was insufficient evidence that Tina was a 1 “dependent adult” under Penal Code section 368 and the trial court improperly instructed

the jury with CALJIC No. 1.23. He also contends the abstract of judgment must be

amended to correct clerical errors. We direct the trial court to amend the abstract of

judgment but otherwise affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Tina was born in 1989. She suffers from schizophrenia, bipolar disorder, and

depression.

In 2013, when Tina was 22 years old, her parents died. They bequeathed Tina

their paid-off house in San Jacinto, an annuity of $100,000, and a car.

After her parents’ death, Tina asked someone to move in with her to help with her

everyday needs. That person contacted Tina’s estranged sister, who instead had Tina

admitted to a psychiatric hospital twice in 2013.

1 Unless otherwise…