State v. Bautista

Eryck Bautista (defendant) bought a truck from Maui Toyota for $29,865.83, paying by check; the dealership let him drive off without verifying the check with his bank. Three days later Maui Toyota learned the check had bounced and told Bautista to return the truck, which he did the same day, telling them he was trying to arrange a loan. Evidence showed Bautista had closed the account over five months earlier and had given his real name and address throughout. Two other dealerships testified Bautista had run the identical scheme on them around the same time, always returning the car once the bad check was discovered. Maui Toyota's own finance manager could not say what actual loss the dealership suffered. Bautista was convicted of first-degree theft (requiring intent to deprive the owner of property worth over $20,000) and appealed.