State v. Bautista

NAKAYAMA, Judge.

Defendant-appellant Eryck A. Bautista appeals from his conviction on one count of theft in the first degree in violation of Hawaii Revised Statutes § 708-830.5(1) (1993). Because the evidence was insufficient to support a finding that Bautista had the required intent to commit theft in the first degree, we reverse his conviction.

I. BACKGROUND

On March 25, 1996, Bautista was indicted on one count of theft in the first degree in violation of HRS § 708-830.5(1) (1993). This indictment arose out of Bautista’s temporary possession of a new Toyota 4-Runner vehicle.

On Wednesday, July…