State v. King.

OPINION OP THE COURT BY

POLLACK, J.

When a person violates a trespass warning previously issued pursuant to Hawaii Revised Statutes (HRS) § 708-814(l)(b), may that violation be used as an underlying basis for a charge of second-degree burglary? We answer in the negative.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Trespass Warning and King’s Reentry

On November 11, 2014, at the Kaimuki Times Supermarket, Rudolph G. King, Jr. stole a pack of Reese’s Peanut Butter Cups and sweet tea, the total value of which was $ 8.66. A loss prevention officer stopped King outside the store and placed him…