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eBook details

• Title: State V. Richardson
• Author : New Mexico Court of Appeals
• Release Date : January 07, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The State charged Defendant with five counts of embezzlement under NMSA 1978, § 30-16-8 (Repl. Pamp. 1984). The State alleged that Defendant, in his position as "Ramp" Manager for Federal Express at the Albuquerque International Airport, unlawfully took packages containing rings, a watch, and ammunition. Because there was no direct evidence linking Defendant with the taking of the missing packages, the State relied primarily on circumstantial evidence, including evidence that Defendant had a history of pawning goods (knowledge), financial problems (motive) , and control over the ramp operations (opportunity). The prosecutor also offered testimony that a ring pawned by Defendant matched one of the missing Federal Express rings, and that Defendant had sold ammunition of the type that was missing. The State's theory was that Defendant, though well-paid, was nonetheless motivated to embezzle because of financial problems brought on by cocaine use. Defense counsel's handling of certain evidence concerning Defendant's alleged drug use provides the basis for Defendant's most meritorious claims of ineffective assistance of counsel. Appellate counsel did not represent Defendant at trial.

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