Theft by Failure to Make Required Disposition of Received Funds • Best Evidence Rule • Sufficiency of Evidence

Commonwealth v. Green, PICS Case No. 17-0842 (Pa. Super. May 9, 2017) Gantman, J. (28 pages).

Testimony about a surveillance video without production of the original video was harmless where commonwealth produced other properly admitted evidence establishing that appellant failed to make the cash deposit he claimed to have. Judgment of sentence affirmed.

Kashamara Green appealed sentence entered following conviction for one count of theft by failure to make required disposition of funds received. Appellant worked as the manager of a Family Dollar store; one of his responsibilities was to deposit cash generated by the store's business, by bringing the cash to the bank in a bag, make the deposit, and fill out a deposit log. Deposits were verified by a different employee, with appellant usually obtaining a verifying signature from the assistant manager by showing her a validated deposit slip or empty cash bag. No other employees accompanied appellant to the bank to make deposits.