State v. Schifani

OPINION

WOOD, Chief Judge.

The evidence shows that, as a part of a continuing scheme, defendant obtained money, or checks which he cashed, from the victims and used the money for his own purposes. Convicted of two counts of fraud (Counts I and III), and one count of embezzlement (Count II), defendant appeals. We discuss: (1) severance and (2) Evidence Rule 404(b). Other issues argued (some were abandoned, State v. Evans, 89 N.M. 765, 557 P.2d 1114 (Ct.App.1976) go to the sufficiency of the evidence. In answering the evidentiary claims, we discuss: (3) defendant’s use of promissory notes in…