State v. Solomon

OPINION OF THE COURT BY

OGATA, J.

The question on appeal is whether HRS §§ 701-109(2) 1 and 701-lll(l)(b) 2 bar the State from proceeding against defendant-appellee Walter T. O. L. Solomon for a violation of HRS § 708-831 (first degree theft), because he had already pleaded guilty to a violation of HRS § 708-832 (second degree theft), both charges arising from the thefts of the same items from the same place occurring over a period of time. The trial court granted Solomon’s motion to dismiss the indictment for first degree theft and the State appeals from the granting of the motion. We reverse.

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