Does a jury need unanimous agreement to convict a defendant of physical elder abuse in violation of section 368, subdivision (b)(1) of the California Criminal Code?

A second court also reached the conclusion that physical elder abuse in violation of section 368, subdivision (b)(1), does not require a unanimity instruction. In People v. Racy (2007) 148 Cal.App.4th 1327 (Racy), the defendant was convicted of residential robbery and elder abuse in violation of section 368, subdivision (b)(1). Defendant "'zapped' [the victim] in the leg with a stun gun, causing him substantial pain." (Racy, supra, at p. 1333.) The victim retreated to his bedroom and defendant gave chase. The victim lay on his bed and put his feet up in the air so he "'could kick if necessary.'" (Id. at p. 1331.) For the next 10 minutes, defendant asked the victim for money while he "'zapped'" the stun gun eight to 10 times in the air. Defendant then tipped the victim over and grabbed his wallet, tearing the victim's jeans pocket. (Ibid.) The court held the jury could rely on "any or all of the circumstances and conditions" of the case to support the charge of felony elder abuse without the need for unanimous agreement on a particular circumstance or condition. (Id. at p. 1334.)