State v. Bautista
Supreme Court of Hawaii
948 P.2d 1048 (Haw. 1997)
Eryck Bautista (defendant) went to a Maui Toyota dealership to buy a new truck. After agreeing on the final price, Bautista wrote a check to the dealership for $29,865.83. Maui Toyota did not call Bautista’s bank to ensure that the check would be covered by Bautista’s account. Bautista left the dealership with the vehicle. Three days later, Maui Toyota learned that Bautista’s check had bounced. A salesperson for Maui Toyota informed Bautista that the check had not cleared and told Bautista to return the truck. Bautista returned the truck and told Maui Toyota that he was trying to secure a loan to pay for the vehicle. Shortly thereafter, Maui Toyota called the police, and Bautista was charged with first-degree theft of the vehicle. The prosecution was required to establish that Bautista intended to deprive Maui Toyota of property with a value of more than $20,000. Evidence at trial showed that Bautista had closed his account over five months before actually writing the check and that the highest balance ever recorded in the account was only $200. Evidence also showed that Bautista had provided his correct name and address in all interactions with Toyota. Toyota’s finance manager testified that the actual loss suffered by Maui Toyota could not be determined in the case for various reasons that made the sale complex. Two witnesses also testified that, after the attempt to purchase from Maui Toyota, Bautista went to two other dealerships and similarly purchased cars with bad checks written on closed accounts, returning the vehicles as soon as the dealerships found out that the checks had not cleared. Bautista was convicted and appealed.
Rule of Law
Holding and Reasoning (Nakayama, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.