State v. McElroy

Opinion of the Court by

BURNS, C.J.

Jason McElroy (McElroy or Defendant) appeals from the June 7, 2002 Judgment of the First Circuit Court1 convicting him of Sexual Assault in the Third Degree, Hawaii *381Revised Statutes (HRS) § 707-732(l)(a) (1993)2, and sentencing him to probation for five years, subject to special terms and conditions. We vacate the June 7, 2002 Judgment and remand the case to the circuit court for a new trial.

BACKGROUND

A University of Hawaii (UH) dormitory apartment (the apartment) was occupied by the following four females: C.E., S.W., E.M., and J.F. The apartment had two…