Highlighting the difference between inadequate notice and a defective complaint
State v. Aquino (HSC June 28, 2024) Background. Alexander Aquino was charged with unlawful imprisonment in the first degree. HRS § 707-721(1)(a). Here is the charge: On or about the August 1, 2020 through August 21, 2021, in Kona, County and State of Hawai‘i, ALEXANDER AQUINO, as a principle [sic] or accomplice, knowingly restrained another person, L.R., a minor born in June of 2007, under circumstances which exposed L.R. to the risk of serious bodily injury, thereby committing the offense of Unlawful Imprisonment in the First Degree, in violation of Section 707-721(1)(a), Hawai‘i Revised Statutes, as amended. Aquino filed a motion to dismiss. The statutory term “restrain” means “to restrict a person’s movement in such a manner as to interfere substantially with the person’s liberty” either through force, threat, or deception or “[i]f the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution having lawful custod