State v. Santiago

Defendant Donald Santiago (Defendant) appeals his district court convictions of Sexual Assault in the Fifth Degree, Hawaii Revised Statutes (HRS) § 707-734(1) (1990 Supp.), 1 and Open Lewdness, HRS § 712-1217(1) (1985). 2 Defendant contends that (1) the offense of Open Lewdness cannot be based upon evidence which establishes a sexual offense under HRS § 707-734(1); and (2) the double jeopardy provisions of the United States and Hawaii Constitutions bar his double convictions of the sexual assault and lewdness charges. We disagree and affirm.

I. FACTS

The evidence from the bench trial disclosed…