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BATIN v. STATE

No. 36525.

38 P.3d 880 (2002)

Marlon Javar BATIN, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

January 30, 2002.

Attorney(s) appearing for the Case

Richard F. Cornell, Reno, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Joseph R. Plater III, Deputy District Attorney, Washoe County, for Respondent.

Before the Court En Banc.

OPINION ON EN BANC RECONSIDERATION

LEAVITT, J.:

Appellant Marlon Javar Batin was convicted of three counts of embezzlement for stealing money from his employer, John Ascuaga's Nugget Hotel and Casino. On direct appeal, Batin contended that his conviction was not supported by sufficient evidence. Specifically, Batin contended that there was no evidence establishing the entrustment element of the crime of embezzlement. In a divided decision, a three...

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