People v. Max

Defendant was convicted, after jury trial, of theft in excess of $10,000 from ATM at gas station where Defendant worked. No due process violation in State's attempt to define reasonable doubt in rebuttal of closing argument, as no reasonable likelihood that jury believed that it could find Defendant guilty under lesser standard of proof. No abuse of discretion in denial of motion for appointment of special prosecutor, and no showing of ineffective assistance of counsel. Evidence presented at trial was sufficient to prove Defendant guilty. State presented expert testimony that ATM was functioning properly and that shortfall of $64,600 for relevant time period. (SCHMIDT and McDADE, concurring.)