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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 96-KA-00510 COA MARGARET BOONE A/K/A MARGARET J. BOONE v. STATE OF MISSISSIPPI APPELLANT

APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: DISTRICT ATTORNEY: NATURE OF THE CASE: TRIAL COURT DISPOSITION: APRIL 12, 1996 HON. ELZY JONATHAN SMITH JR. TUNICA COUNTY CIRCUIT COURT THOMAS H. PEARSON OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS LAWRENCE Y. MELLEN CRIMINAL - FELONY EMBEZZLEMENT: SENTENCED TO SERVE A TERM OF 5 YRS IN THE MDOC; THE COURT SUSPENDS SENTENCE FOR A PERIOD OF 3 YRS, THE SUSPENSION OF THIS SENTENCE TO COMMENCE AFTER THE DEFENDANT HAS SERVED 2 YRS IN THE MDOC AFFIRMED - 12/16/97

DISPOSITION: MOTION FOR REHEARING FILED: CERTIORARI FILED: MANDATE ISSUED:

2/4/98

BEFORE McMILLIN, P.J., COLEMAN, AND SOUTHWICK, JJ. SOUTHWICK, J., FOR THE COURT: Margaret Boone was convicted by a jury in the Circuit Court of Tunica County of embezzlement from the Bally's Casino. Boone appeals, asserting that the State improperly charged her with embezzlement rather than larceny. We find no merit to this claim and affirm. FACTS

Margaret Boone was employed as a cage cashier at the Bally's Casino in Tunica County, Mississippi. As a cage cashier, Boone redeemed chips and coupons and exchanged money for the customers at the casino. On January 9, 1996, Boone worked an eight-hour day shift. When her shift ended, Boone followed the casino's procedures. The cashier beginning a shift counted and verified the drawer of the cashier whose shift had ended. The new cashier would dictate the total sums, which the previous cashier then wrote on a balance sheet. The cashiers did not count the individual denominations of the currency. Rather, the cashiers accepted that each bundle of a particular denomination of currency contained the correct number of bills and the number of bundles was all that was counted. As time permitted throughout the shift, the new cashier would verify the accuracy of the bundled denominations. Since there was not a replacement cashier at the end of Boone's shift, another cashier verified Boone's drawer. The cashier noted a six dollar shortage in the drawer. Following this verification, Boone locker her drawer and deposited the key with the casino bank. The next day when another cashier attempted to verify the individual bundles, she discovered that $2,500 was missing from one of the bundles. The cashier notified the casino officials and the drawer was counted a second time. The officials requested that the surveillance personnel review the videotape from the previous day for any suspicious activity. The tapes showed Boone shifting denominations of currency in her drawer and also paying a customer in an "improper" manner. Boone was charged and convicted of embezzlement from Bally's Casino. DISCUSSION Boone asserts that the State erred in charging her with embezzlement rather than larceny. Boone contends that the the evidence established that she had the trespassory intent to convert the funds to her personal use prior to arriving at work that day. Thus, Boone argues that her larcenous intent renders the initial possession trespassory within the definition of larceny, which therefore defeats possible conviction for embezzlement which in her view cannot have this same intent. The relevant embezzlement statute provides that "[i]f any director, agent, clerk, servant, or officer of any incorporated company . . . shall embezzle or fraudulently secrete, conceal, or convert to his own use . . . any . . . money, or other valuable security . . . which shall have come or been intrusted to his care or possession by virtue of his . . . employment . . . he shall be guilty of embezzlement . . . ." Miss. Code Ann.

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