State v. Hicks

Opinion of the Court by

MOON, C. J.

Defendant-appellant Gilbert 0. Hicks [hereinafter, Hicks or the Defendant] appeals from the October 11, 2005 judgment of conviction and probation sentence of the Circuit Court of the First Circuit, the Honorable Richard W. Pollack presiding, adjudicating Hicks guilty of and sentencing him for the offense of sexual assault in the third degree, in violation of Hawaii Revised Statutes (HRS) § 707-732(l)(e) (Supp.2005), quoted infra. Briefly stated, Hicks—a former youth correctional officer at the Hawaii Youth Correctional Facility (the HYCF)—was charged with and…