Sunday, November 17, 2013

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.

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