P. v. Whelchel
Defendant Charlotte Kay Whelchel was convicted of theft from an elder by a caretaker and grand theft after she stole jewelry from an elderly woman she had been hired to care for. On appeal, she contends (1) insufficient evidence supported the conviction for theft from an elder by a caretaker because there was insufficient evidence defendant was a caretaker; (2) the trial court failed to instruct that being a caretaker was an element of the crime; (3) grand theft is a lesser included offense of theft from an elder; (4) the trial court erred by refusing to allow the defense to present evidence of a witnesss conduct underlying her prior misdemeanors for theft and burglary; (5) the prosecutor committed Griffin error[1]by indirectly commenting on defendants failure to testify; and (6) the cumulative effect of the errors was prejudicial. Court reverse the grand theft conviction, vacate the sentence on the remaining conviction, remand for resentencing, and affirm in all other respects.
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