State v. Atwood.

Opinion of the Court by

NAKAYAMA, Acting C.J.

In this case involving an uncompleted home remodeling contract, we hold that breach of the contract alone does not suffice to establish probable cause to charge a defendant with Theft in the First Degree by deception where the record does not establish that the defendant did not intend to perform his part of the bargain nor otherwise deprive the complainant of property exceeding $20,000 in value.

In 2006, Petitioner/Defendant-Appellant Terrance E. Atwood entered into a contract with complainant Jenwei Luu, M.D. for the purpose of remodeling the…