Hawai'i Legal News

State v. King (HSC December 13, 2016) Background. Rudolph King walked into the Times Market at Kaimuki and stole a pack of Reese’s Peanut Butter Cups and sweet tea totaling $8.66. He was stopped, detained, and arrested for theft in the fourth degree. A loss prevention officer working for Times handed King a notification to stay off property. The notification warned him to stay off all Times properties in the State and lasted one year. About a month later, he was spotted at the Times near McCully. He stole a ribeye roast valued at $55.55. After he was arrested he acknowledged that he had been issued a notification from the Kaimuki Times. King was charged with burglary in the second degree. He filed a motion to dismiss on the grounds that he could not be charged with the burglary, but rather than trespass statute. The motion was denied. The circuit court granted the motion on the grounds that the prosecution was attempting to convert two petty misdemeanors into a Class C felony. The...

State v. Rapozo (HSC July 30, 2010) Background. Tanya Rapozo was stopped by the police for driving erratically on Ala Wai Boulevard at around 1:15 a.m. She was arrested and a search at the station revealed that she had a .38 caliber bullet tucked into her brassiere. At the time of the search, Rapozo was a convicted felon. Her crimes included drug offenses and theft. Rapozo was charged with prohibited ownership or possession of any firearm or ammunition. HRS § 134-7(b) and (h). Rapozo filed a motion to dismiss on the grounds that charge was a de minimis infraction. Her only evidence was a declaration that stated she was going to convert the bullet into a charm bracelet. The circuit court granted the motion. The ICA vacated. Analyzing De Minimis Infractions Requires Comparison of the Statutes. The trial court may dismiss an action as a de minimis infraction when, "having regard to the nature of the conduct alleged and the nature of the attendant circumstan...

State v. Murray (HSC Oct. 29, 2007) Background. The State charged Murray with Abuse of a Household or Family Member in violation of HRS § 709-906, which requires the defendant to be charged as a class C felony when the charged offense occurs within two years of the 2d or subsequent conviction. At trial, the defense counsel stipulated to Murray's prior abuse convictions. The stipulation was read into evidence to the jury w/o a limiting instruction. The jury found Murray guilty as charged. The ICA affirmed. Prior Convictions are “Elements” to the Offense as a Felony. Because HRS § 709-906(7) mandates the State to charge as class C felony based on prior convictions of the same statute made w/in two years, (first-time convictions under this statute are misdemeanors), the HSC held that the prior convictions were essential elements that must be proven by the State beyond a reasonable doubt. See HRS § 702-205; State v. Aiwohi , 109 Hawai'i 115, 123 P.3d 1210 (2005) (essential eleme...