Commonwealth v. Young
Annotate this CaseBiological parents Michael and Janie Young decided to look for a potential adoptional placement for their fifth child. When it was discovered that the Youngs accepted living expenses from two different sets of prospective adoptive parents, the Youngs were charged with theft by deception over $10,000. The Youngs entered into conditional guilty pleas to the charges. They then appealed, arguing that the trial court erred in denying their motion to dismiss the indictment for failure to state a crime and that the amounts paid by the two set of prospective adoptive parents could not be combined to elevate the theft above the $10,000 threshold to make it a Class C felony. The Court of Appeals reversed, concluding that no crime had been committed. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) the Youngs were properly charged with theft by deception in the indictment; and (2) thefts from different victims give rise to separate offenses and cannot be combined to elevate the level of the offense, and this error amounted to palpable error in this case.
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