Summary
The Nebraska Supreme Court affirmed Eddie H. Dehning’s convictions for exploitation of a vulnerable adult and theft by unlawful taking. The court held that sufficient evidence supported findings that the victim was a vulnerable adult and that Dehning unlawfully used her property despite his claimed consent and power of attorney. The court also held that the consecutive prison sentences were not excessive or an abuse of discretion.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to establish that Cora Bell Dehning was a vulnerable adult during the charged period.
- Whether the evidence was sufficient to sustain the theft-by-unlawful-taking conviction despite Dehning's claim that his mother consented to the transactions.
- Whether the district court imposed excessive sentences or abused its discretion by denying probation.
Holdings
- The evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that Cora Bell was a vulnerable adult within the meaning of Nebraska law during the charged period.
- The evidence was sufficient to support Dehning's conviction for theft by unlawful taking, and the jury was entitled to reject his testimony that his mother consented to the transactions.
- The district court did not abuse its discretion by imposing the consecutive prison sentences and denying probation.
Key quotations
“The relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (296 Neb. at 544)
“When imposing a sentence, the sentencing court should customarily consider the defendant’s (1) age, (2) mentality, (3) education and experience, (4) social and cultural background, (5) past criminal record or record of law-abiding conduct, and (6) motivation for the offense, as well as (7) the nature of the offense and (8) the violence involved in the commission of the offense.” (296 Neb. at 547-48)
Factual background
Dehning became his mother Cora Bell Dehning's power of attorney in February 2011, during a period when witnesses observed increasing memory problems and she was later diagnosed with Alzheimer's disease. The State presented evidence that Dehning transferred or used his mother's funds, deposited rental income into his own account, withdrew cash during account transfers, and purchased items for his own benefit. A jury found him guilty of exploiting a vulnerable adult and theft by unlawful taking, and the district court imposed consecutive prison sentences.
Procedural history
Dehning was charged by information with exploitation of a vulnerable adult and theft by unlawful taking. After a jury trial, he was convicted on both counts and sentenced to consecutive terms of imprisonment, also consecutive to sentences from a separate criminal case. The Nebraska Supreme Court affirmed the convictions and sentences.