P. v. Gin CA1/2
Defendant Hon Gin was convicted of committing felony elder abuse in violation of Penal Code section 368, among other charges. Section 368 makes it a crime to willingly inflict pain or suffering on an elder adult “under circumstances or conditions likely to produce great bodily harm or death . . . .” (§ 368, subd. (b)(1).) During deliberations, the jury asked the court to define the term “likely” as used in section 368, further inquiring whether it meant “more likely than not, possible, reasonably possible?” The trial court declined to provide a definition, instead directing the jury to an instruction advising that words not specifically defined in the instructions were to be given their ordinary, everyday meanings. Defendant contends that the court’s failure to define “likely” for the jury was prejudicial error. We agree, and we thus reverse.
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