Bernau v. State

ALTENBERND, Chief Judge.

David Lindsay Bernau appeals a judgment for exploitation of an elderly person through deception or intimidation pursuant to section 825.103(l)(a), Florida Statutes (1999). The charge arose out of a transaction in which Mr. Bernau’s elderly parents endorsed a $847,000 check to him. Because the State failed to prove that Mr. Bernau obtained this money by deception or intimidation, we must reluctantly reverse.

In September 2000, Robert and Ruth Bernau sold the home in which they had been residing with a dependent adult son. Mr. and Mrs. Bernau were in their late seventies…