This section contains the nature of the case and procedural background.

D was a slot machine mechanic. D's job duties as a slot mechanic included fixing jammed coins and refilling the 'hopper.' D had no duties with respect to the paper currency in the bill validator, except to safeguard the funds, and that the cash in the bill validator 'wasn't to be touched.' D had an 'SDS' card that was used to both access the inside of the slot machine and identify him as the employee that was opening the slot machine door. The SDS system will only record the opening and closing of the door; it cannot track what happens inside the machine. Out of 1100 slot machines, there were perhaps three errors per month totaling approximately $100.00 in variance after counts and recounts and computer records were compared. In March and early June 1999, there were larger discrepancies discovered between the amount of money that the SDS recorded had been put into the slot machines and the amount of money the slot machine actually contained. These shortages from four different slot machines totaled approximately $40,000.00. D was the prime suspect. D turned off power to the machine to repair them, and this was unusual as most repairs do not require the power to be off. D claimed that he turned off the power on the slot machines so that he would not be electrocuted and that he had always turned off the power prior to working on the slot machines. The Nevada Gaming Control Board investigated D and discovered that he gambled regularly at three local casinos and that he lost tens of thousands of dollars. D could not or did not answer how he could lose such large sums of money. At trial, D testified that he was able to afford to gamble large sums of money because he won often. D was arrested and charged with three counts of embezzlement. The information alleged that D had been entrusted with money by his employer and converted the money for a purpose other than that for which it was entrusted. D was convicted of all three counts of embezzlement and appealed.

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