People v. Gracey

Opinion by

Judge DAVIDSON.

Defendant, David Gracey, appeals from the judgments of conviction entered upon jury verdicts finding him guilty of three counts of felony theft from the elderly. We reverse and remand for a new trial.

In July 1987, the victim granted power of attorney to defendant, her accountant. As pertinent here, the power of attorney gave defendant authority to:

receive ... any and all sums of money or payments due or become due to me, to deposit in my name in any bank or banks, any and all moneys collected or received by him, to draw and issue checks upon any moneys collected or…