State v. Feliciano

Dissenting Opinion by

ACOBA, J.

In my view, the same act or series of acts cannot be used as the factual basis for convicting a person of more than one offense. In this case one act was used as the common factual basis upon which to hinge all offenses and the resulting convictions. I must, therefore, respectfully dissent.

The Hawaii double jeopardy clause has been interpreted to afford greater protection than the double jeopardy clause of the United States Constitution. In State v. Lessary, 75 Haw. 446, 457, 865 P.2d 150, 155 (1994), this court “concluded under the facts in that case] that the…