State v. Archie
Court of Appeals of New Mexico
123 N.M. 503 (1997)
Relevant factsFree
Andre Archie (defendant), on probation and required to wear an electronic monitoring device under an agreement acknowledging his full responsibility for its care and return, removed the device, damaged it, and discarded it in a field; the State of New Mexico (plaintiff) charged him with embezzlement, he was convicted, and he appealed, arguing he hadn't converted the device to his own use (since he merely abandoned it) and that no fiduciary relationship existed to support embezzlement.
IssueFree
Whether, for the crime of embezzlement, the element of conversion is satisfied if the defendant interferes with the rights of the owner and treats the property as his own.