California Court of Appeal

Convictions of theft against an elder and grand theft, with enhancements for taking property in excess of $150,000, are reversed where the trial court erred by instructing the jury that the elder victim's apparent consent to the transactions was ineffective if obtained by the exercise of undue influence, using the Civil Code's definition of undue influence.

Appellate Information

• Decided 10/11/2006
• Published 10/11/2006

Judges

• SIMONS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• John Halley, under appointment by the Court of Appeal, Redwood City, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, René A. Chacón and David M. Baskind, Deputy Attorneys General for Plaintiff and Respondent.