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State v. Brooks

New Mexico Court of Appeals
 862 P.2d 57, certiorari granted, rev’d on other grounds 877 P.2d 557 (1994)


Facts

Brooks (defendant) was a bookkeeper for a property management service and shared an office and desk with the company’s President. Brooks’ responsibilities included keeping track of receipts, checking credit, balancing check books, and specifically, to reconcile the deposits with the accounts receivable ledger. Customers paying rent in cash were provided a receipt. The money was then placed in an envelope, which was sealed and stored in a desk drawer. After the President discovered over $3,000 in rental monies missing, he hired a private investigator to look into the matter. Subsequently, Brooks admitted to the investigator that he had taken the missing money. Brooks was charged with seven counts of embezzlement.

Rule of Law

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Issue

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Holding and Reasoning (Alarid, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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