State v. Mueller

Opinion of the Court by

LEVINSON, J.

The defendant-appellant David Mueller appeals from the judgment of the first circuit court, the Honorable Richard K. Perkins presiding, convicting him of and sentencing him for the offense of sexual assault in the first degree, pursuant to Hawaii Revised Statutes (HRS) § 707-730(l)(b) (1993). 1 Mueller’s sole contention on appeal is that the circuit court, having expressly found that no “penetration” had occurred in the present matter, erred in convicting him of sexual assault in the first degree on the ground that HRS § 707-700 (1993) 2 mandates proof of…