TOMLIN v. COMMONWEALTH

Record No. 0561-21-3.

869 S.E.2d 898 (2022)

74 Va. App. 392

Catherine Ann TOMLIN, a/k/a Kathy Tomlin, a/k/a Cathy Ann Tomlin, s/k/a Katherine Ann Tomlin v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

March 15, 2022.


Attorney(s) appearing for the Case

Kieran Bartley , Assistant Public Defender, for appellant.

Rosemary V. Bourne , Senior Assistant Attorney General ( Mark R. Herring ,1 Attorney General, on brief), for appellee.

Present: Judges Huff, Athey and Friedman.


OPINION BY JUDGE CLIFFORD L. ATHEY, JR.

Catherine Ann Tomlin ("Tomlin") was convicted in the Circuit Court of Augusta County ("trial court") of financially exploiting an incapacitated adult and of abusing or neglecting an incapacitated adult. On appeal, Tomlin makes three arguments: (1) there was insufficient evidence to prove that the victim was "mentally incapacitated" with respect to the financial exploitation conviction; (2) there was insufficient...

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