People v. Sisuphan

Opinion

JENKINS, J.

—Appellant Lou Suriyan Sisuphan took almost $30,000 from his employer’s safe, hoping that a coworker would be held responsible for its disappearance and be terminated. He was convicted of embezzlement (Pen. Code, § 508), and appeals from the judgment of conviction. Sisuphan contends that the trial court erred when it failed to instruct the jury that Penal Code section 512 provided a defense to embezzlement if the evidence showed (1) that at the time he took the money, he intended to return it, and (2) that he did so voluntarily before criminal charges were filed against him.…