PEOPLE v. GRACEY

No. 95CA1038.

940 P.2d 1050 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David GRACEY, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 5, 1996.

Certiorari Denied July 21, 1997.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Wendy J. Ritz, Assistant Attorney General, Denver, for Plaintiff-Appellee.

Chambers, Dansky & Hansen, P.C., Nathan Chambers, Denver, for Defendant-Appellant.


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...

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