State v. Kelley

BLACK, Judge.

William Joseph Kelley was charged with grand theft, money laundering, and exploitation of an elderly person. A jury acquitted Kelley of the first two charges but found him guilty of exploitation of an elderly person, his mother. The trial court entered judgment in accordance with the verdict and, finding that the need for restitution outweighed the need for incarceration, sentenced Kelley to probation.

*317The State appealed the judgment and sentence, arguing that the trial court reversibly erred in imposing a downward departure sentence. Kelley cross-appealed, arguing that the court…