Batin v. State

*62OPINION ON EN BANC RECONSIDERATION

By the Court,

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-justice panel of this court affirmed Batin’s conviction. His petition for rehearing was likewise denied.

*63Batin then filed a petition for…