State v. Carroll

The State appeals from a circuit court order granting defendant-appellee Alfred Kapala Carroll’s motion to dismiss an indictment charging him with a violation of HRS §§ 705-500 and 708-821(1 )(b) (Attempted Criminal Property Damage in the Second Degree). In an earlier district court trial, defendant had been acquitted of the charge of violating Revised Ordinances of Honolulu (R.O.H.) § 13-21.3(a) (1969) (Possession of an Obnoxious Substance). The issue on appeal is whether the separate charges against defendant arose from the same “episode.” If so, HRS §§ 701-109(2) 1 and 701-11 l(l)(b) 2 bar…