People v. Bailey

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 1-09-1020
Decision Date: 
Tuesday, April 26, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
HARRIS
Defendant was convicted of financial exploitation of an elderly person and theft; evidence showed that Defendant had taken and depleted more than $300,000 in savings from elderly woman with severe dementia, using general and durable powers of attorney. Defendant was sentenced to concurrent sentences of 11 years. Evidence, including expert testimony, established beyond a reasonable doubt that victim's dementia precluded her from authorizing Defendant's use of her funds. Sentences were proper and within statutory guidelines. Court made logical inference that Defendant retained access to large amounts of money belonging to victim at time of trial. Evidence established that Defendant did not act in victim's best interests in not seeking medical care for her. (CUNNINGHAM and KARNEZIS, concurring.)