People v. Jenkins CA1/1

I.

FACTS

L.O., the office manager of a furniture store in Rohnert Park, was responsible for depositing each day’s receipts at the bank on the next day the bank was open. She customarily arrived at the store before it opened, counted and balanced the receipts, and left for the bank mid-morning. The other employees were generally aware of this practice. On September 6, 2011, the Tuesday after Labor Day, she counted the cash and checks that had been received over the holiday weekend. Around 9:30 a.m., before the store opened, she received a call from Payton, who wanted to know if he would be issued a paycheck that week. Payton had worked at the store as a salesperson for about five months before quitting in mid-2011. Salespeople were paid on commission after furniture items were delivered, and Payton had continued to receive paychecks after his employment ended. L.O. told Payton that a paycheck would be ready for him that week. A few minutes later, Payton walked into the furniture store, still on the phone with L.O. He hung up and talked for a few minutes with the store manager, E.P. Payton then walked toward the back of the store and into L.O.’s office. Although Payton routinely…