State v. Lee

liKNOLL, Judge,

dissenting.

I respectfully dissent because I believe the jury’s verdict was indeed contrary to the law and evidence.

As stated in the majority opinion, defendant was indicted and tried on two counts of theft. Count one was theft of over $500.00 from Ortego and count two was theft of over $500.00 from Estes. The jury found defendant guilty on count one as to Ortego, but not guilty on count two as to Estes.

The count of theft from Estes arose from a $14,500 check endorsed by Estes and deposited under defendant’s name, apparently in the same account containing Ortego’s funds. This…