Okay, maybe name the additional / alternative charges. I know I have theft and forgery, any other suggestions?
Individual goes into bank with notarized power of attorney and withdraws money from his mother's (nice guy, huh?) account.
Same individual goes to pharmacy and fills prescription for his sister (yep, that's right he's got a notarized power of attorney).
Notaries give statement that they did not notarize the documents used to withdraw money and get a prescription filled.
Other than theft and forgery any other offenses?
[This message was edited by Gordon LeMaire on 09-17-07 at .]
Possibly Possession of Controlled Substance or Dangerous Drug, assuming the prescription was for something listed in the H&S Code.
False Statement to Obtain Property (32.32)
Fraudulent Use or Possession of Identifying Information (32.51)
Assuming he spent all of mama's money on dope, what about misapplication? Seems like he shouldn't be able to challenge his status as a fiduciary . . . since he forged the POA.
Might make a useful addition to 32.21(d) or (e).
Any chance mama is elderly? Can bump up the theft penalty one degree under 31.03(f)(3).
No, dangit, mom is 62 and in a nursing home.
Health & Safety Code Sec. 481.129(a)(5)(A) - Fraud.
Offense level depends on the Schedule of the drug.
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