State v. Bannister

OPINION OF THE COURT BY

RICHARDSON, C.J.

William Llewelyn Bannister was convicted of first degree theft in a jury-waived trial.

We reverse.

The section of the first degree theft statute under which the defendant was charged, HRS § 708-831(l)(b), requires that the defendant commit theft of “property or services the value of which exceeds $200.”

Bannister stole an undetermined number of aloha-print shorts. The retail value of the shorts was $6.50 each. The main question at trial was how many shorts were stolen. The only evidence that would support a conviction was the testimony of the manager of the…