State v. Bautista

948 P.2d 1048 (1997)

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Nature of the Case

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Facts

Bautista (D) went to Maui Toyota and test-drove a car. D returned later that day and told the salesman that he wanted to buy a new 4-Runner. D wrote a check for $29.865.83, and the dealership did not contact the bank to determine if the check was good. D then took possession of the car. Five days later, D came back to get running boards installed. Eventually, the dealership got word that the check was not good. D was called and told to bring the car back. He did so but it had 592 miles on the odometer, and it was no longer capable of being sold as new. The dealership eventually notified the police. At trial, it was shown that the account that D had written the check on, has been closed over five months before. The highest amount in that account had only been $200. Two other witnesses testified that D had done this same thing at two other dealerships. D did give the correct name, address, and phone number. At trial, D testified that he was surprised that the dealership let him take the car and that he was unaware the check was going to be cashed. D stated that he gave the dealership $100 to hold the vehicle until he received financing. D claimed he had applied for a loan at Norwest. The manager of that company revealed that D never formally filed an application. A police officer testified that D admitted he knew the account had been closed when he tendered the check. D was convicted of first-degree theft. D appealed.