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NOT FOR PUBLICATION NO. 24866 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v. KAREN L. EKLUND, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT, WAILUKU DIVISION (CASE NO. CT3:12/19/01)

(By:

SUMMARY DISPOSITION ORDER Burns, C.J., Watanabe and Foley, JJ.)

Defendant-Appellant Karen L. Eklund (Eklund) appeals the Judgment filed on December 18, 2003 in the District Court of the Second Circuit, Wailuku Division1 (district court). The complaint against Eklund charged
[t]hat on or about the 17th day of October, 2000, in the Division of Wailuku, County of Maui, State of Hawaii, KAREN L. EKLUND, with intent to defraud, did conceal or take possession of the goods or merchandise of Longs Drug Store, a store or retail establishment, to wit, several wallets and picture frames, the value of which property did not exceed One Hundred Dollars ($100.00), thereby committing the offense of Theft in the Fourth Degree by Shoplifting, in

1

The Honorable Douglas H. Ige presided.

NOT FOR PUBLICATION
violation of Sections 708-830(8) [(1993) 2] and 708-833(1) [(1993) 3] of the Hawaii Revised Statutes.

Eklund was convicted as charged.

On appeal she argues that (1)

the district court erred by not using the "beyond a reasonable doubt" standard of proof and impermissibly shifting the burden of proof to her when it convicted her of Theft in the Fourth Degree and (2) there was insufficient evidence to prove she intended to defraud Longs Drug Store. Upon careful review of the record and the briefs submitted by the parties and having given due consideration to

Hawaii Revised Statutes (HRS)

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Hawaii Law