Garringer v. State

KLEIN, Justice.

Ricky Dale Garringer appeals from the circuit court’s order denying his Hawaii Rules of Penal Procedure (HRPP) Rule 40 petition for post-conviction relief. For the following reasons, we vacate the circuit *329courts order and remand for further proceedings.

I

Garringer conceded at trial that he and a minor accomplice (Minor) planned to commit theft at a Jack-in-the-Box restaurant in Wai-pi‘o Gentry. Garringer accompanied the Minor to the restaurant’s drive-through window, where the Minor threatened Robert Pointer with a shotgun and demanded money. The Minor pounded the shotgun on the…