State v. Brooks case brief

State v. Brooks case brief summary
862 P.2d 57, certiorari granted, rev’d on other grounds 877 P.2d 557 (1994)

CASE SYNOPSIS

Defendant sought review of a judgment from the District Court of Bernalillo County (New Mexico), which convicted him of seven counts of embezzlement and imposed a sentence that required the payment of restitution to the insurance company.

CASE FACTS
Defendant was a bookkeeper for a property management service. The president of the company discovered over $ 3,000 missing from rental monies and hired a private investigator. Defendant acknowledged taking the money and wrote a confession admitting that he took the money. The trial court convicted defendant of seven counts of embezzlement and imposed a sentence that required the payment of restitution to the insurance company.

DISCUSSION

• The court held that the State properly charged defendant with seven separate embezzlement counts and that the single larceny doctrine did not apply. 
• The court noted that defendant's embezzlements occurred on separate dates, randomly, and involved separate clients and separate dollar amounts. 
• The court held that the cross-examination of defendant's wife that covered why she was fired from her accounting job amounted to harmless error when taking into consideration all the evidence introduced at trial. 
• The court further held that the trial court had the authority under N.M. Stat. Ann. § 31-17-1 to order that defendant pay restitution to the insurance company that had paid a claim resulting from defendant's criminal activities.

CONCLUSION
The court affirmed the judgment that convicted defendant of seven counts of embezzlement and imposed a sentence that required the payment of restitution to the insurance company.

Recommended Supplements for Criminal Law