State v. Sun Na Lee

OPINION OF THE COURT BY

MOON, C.J.

Defendant-appellant Sun Na Lee (Lee), subsequent to jury trial, appeals her conviction on five counts of illegally selling drug paraphernalia, in violation of Hawai'i Revised Statutes (HRS) § 329-43.5. Because we conclude that the jury instructions in this case were fatally flawed, we vacate Lee’s conviction and sentence and remand for new trial.

I. BACKGROUND

Lee is the sole owner and operator of a convenience store called the Roadrunner Mini-Mart located in Waipahu. The store sells groceries, liquor, and various sundry items. Based on evidence gathered during…