State v. Baker

NAKAMURA, C.J., FUJISE AND CHAN, JJ.

OPINION OF THE COURT BY CHAN, J.

Defendant-Appellant Mustafa Baker (Baker) appeals from the "Judgment of Conviction and Sentence" entered on January 29, 2016 in the Circuit Court of the First Circuit (circuit court).1 The State of Hawai'i (State) charged Baker with two counts of Sexual Assault in the First Degree (Counts 1 and 2) and one count of Sexual Assault in the Third Degree (Count 3). Right before jury selection, the circuit court dismissed Count 3 *678without prejudice because the complaint failed to allege the essential element that the defendant and…