STATE v. ATWOOD

No. SCWC-30337.

301 P.3d 1255 (2013)

129 Haw. 414

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Terrance E. ATWOOD, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

June 3, 2013.


Attorney(s) appearing for the Case

David A. Sereno , for petitioner/defendant-appellant.

Peter A. Hanano , for respondent/plaintiff-appellee.

NAKAYAMA, Acting C.J., ACOBA, McKENNA, and POLLACK, JJ., and Circuit Judge SAKAMOTO, in place of RECKTENWALD, C.J., Recused.


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...

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