State v. Davis

781 So. 2d 633, 2000 La.App. 4 Cir. 0275, 2001 La. App. LEXIS 325, 2001 WL 171306
CourtLouisiana Court of Appeal
DecidedFebruary 14, 2001
DocketNo. 2000-KA-0275
StatusPublished
Cited by12 cases

This text of 781 So. 2d 633 (State v. Davis) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Davis, 781 So. 2d 633, 2000 La.App. 4 Cir. 0275, 2001 La. App. LEXIS 325, 2001 WL 171306 (La. Ct. App. 2001).

Opinion

BGORBATY, Judge.

Defendant Jeffery Davis appeals his conviction for theft over five hundred dollars, and his sentence of five years at hard labor, with credit for time served, as a second offender. For the following reasons, we affirm the conviction, and remand the case to the trial court for a ruling on Mr. Davis’s motion for reconsideration of sentence.

STATEMENT OF THE CASE:

Jeffery Davis was charged with the theft of currency valued at five hundred dollars or more. A twelve-member jury found him guilty as charged, and the trial court sentenced him to five years at hard labor. The State filed a multiple bill charging Mr. Davis as a second offender. At the multiple bill hearing, Mr. Davis admitted his identity as to the prior conviction, and the trial court found him to be a second offender. The original sentence was vacated, and Mr. Davis was resentenced to five years at hard labor. A motion for reconsideration of sentence was filed, however, the court deferred a ruling on the motion.

STATEMENT OF THE FACTS:

Brenda Mansion testified that between February and August of 1998, she worked as a cashier at LSU Medical Center. She stated that Mr. Davis was the | ¡¡supervisor of bank transactions, and also her supervisor. She further testified that her duties at the time required her to collect cash, check and credit card payments from patients. At the end of the day, she prepared a daily closeout sheet and gave it to Mr. Davis. Each payment was also logged into the computer under that patient’s account as she received it. Ms. Mansion stated that at the beginning of every day, she would receive $125 in cash from Mr. Davis, and would note that amount on the daily closeout sheet. She identified a copy of the closeout sheet that she kept for her own records from July 14 which listed $1,697.00 in cash, $1,724.00 in checks, and $10.00 on credit cards for a total of $8,431.00. She also identified her signature on the form. Ms. Mansion was shown a second closeout sheet for the same date that reflected no cash payments from patients that day, but had the same amount for checks and credit cards. She denied filling out that form. She identified a closeout sheet signed by her dated May 21 that indicated a total of $315.00 in cash; and she was shown a second sheet for the same date that indicated no cash had been received. She identified yet another of the [636]*636sheets she had prepared showing that $282.83 in cash had been received, and another one she had not prepared with the same date showing no cash. Ms. Mansion explained that any payments by traveler’s check were to be treated as a cash payment, but that payment by traveler’s check was rare. She stated that if she did not have time at the end of the day to post the payments, all of the cash, check, and credit card payments received that day would be put in a bank bag and given to Mr. Davis to be placed in his desk safe overnight.

Jeanine West testified that she was the sixth floor cashier at the LSU Medical Center, and that her immediate supervisor was Wanda Shear. She testified that she sometimes gave her closeout sheets to Ms. Shear, and sometimes [ ^directly to Mr. Davis. She said that her copies of the closeout sheets could not be located. Ms. West explained what the group number meant on the forms, and that there was a Group 13, indicating charges incurred from 1997 to present, and a Group 3, indicating charges incurred prior to 1997. She stated that when a patient wanted to make a payment, she would pull up the account statement on the computer. The account number would either have a 13 or a 3 behind the account number, indicating to which group the payment should be credited. She said that payments could be divided between Group 13 and Group 3 if that was what the patient wanted, and the payment would be put in different batches.

Shannon Derbigny, a cashier at LSU Medical Center, testified that Mr. Davis was her supervisor during the period of February to August of 1998. She testified that she gave all of the cash she received to him at the end of the day. She would count the money first, and then he would count it in front of her to verify the amount. She explained that she did not have a cash drawer and would put cash received into a manila envelope. She also had a receipt book for the cash, and testified that she could not get a new receipt book from the accounting department until she turned in the old one. The book contained quadruple copies: a white copy for the patient, blue and pink copies that were turned in with the receipts to Mr. Davis, and a yellow copy that remained in the book.

Celeste Thomas testified that she was the cash management supervisor at LSU Medical Center. She stated that in the period between February and August of 1998, Mr. Davis would turn over to her whatever cash, checks and credit card receipts had been given to him by the cashiers. Ms. Thomas admitted that occasionally Wanda Shear would turn in the daily receipts for a cashier. She identified Mr. Davis’s handwriting on the forms that were given to her along with |4the payments; and, she noted the discrepancy regarding cash received between those forms and the ones signed by Brenda Mansion. She testified that Mr. Davis used to give her the forms filled out by the cashiers, but at some point told her that he was making things simpler by combining them. Therefore, she was not seeing the forms actually signed by the individual cashier, but, rather, a form filled out by Mr. Davis. She further testified that the pink cash receipt would later be matched up with the yellow receipt in the receipt book and that the blue receipt would be kept with the cash. She stated that some but not all of the pink and yellow receipts matched up, and that Mr. Davis had failed to submit copies of the cash receipts. She also stated that unlike Mr. Davis, she did not have access to the computer system where payment records could be changed.

Lee Ambeau testified that she was the supervisor of healthcare services at LSU Medical Center and that she was Mr. [637]*637Davis’s direct supervisor from February to August of 1998. She stated that he was to turn in what he received from the cashiers to Celeste Thomas, and that after she counted the money, both Mr. Davis and Ms. Thomas would sign off. She testified that she found out about the theft of cash by accident when Mr. Davis failed to enter blocks on students who had not paid their bills to LSU prior to graduation. She explained that she had instructed Mr. Davis to contact the students about paying their outstanding debts prior to graduation, and to inform the Registrar’s Office once the debt was paid. When she discovered that Mr. Davis had falsely reported to the Registrar’s Office that no one was blocked, she informed her supervisor, Kathy Edwards. Ms. Edwards thereafter informed Mr. Davis that he would be suspended for three days for insubordination. Ms. Ambeau stated that Mr. Davis’s suspension was effective on a Wednesday at 5 p.m., and that night she handled his duties. The next morning, RWanda Shear, who was defendant’s backup, told her that she had opened the safe and found that a manila envelope that contained $300 and was always left in the safe was missing. Ms. Shear also told Ms. Ambeau that she had given Mr. Davis two deposits the day before that he locked in the “pedestal” by his desk. Ms. Ambeau said that she unlocked the pedestal and it was empty. She stated that George Bucher, Ms. Ambeau’s supervisor, called Mr. Davis at home and asked his roommate to tell Mr. Davis to return the money by 5 p.m. Ms. Ambeau testified that checks and other papers were returned, but no cash. She testified that Mr.

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Bluebook (online)
781 So. 2d 633, 2000 La.App. 4 Cir. 0275, 2001 La. App. LEXIS 325, 2001 WL 171306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-lactapp-2001.