State v. Kang

AC OB A, Judge.

We hold in this appeal by Plaintiff-Appellant State of Hawaii (the State) that for the reasons set forth herein, the second circuit court (the court) was correct in denying the State’s Hawaii Revised Statutes (HRS) § 706-660.1(3)(d) (1993) motion for a mandatory minimum term of imprisonment for Defendant-Appellee Norman E. Kang, Jr. (Defendant) because the allegation in the State’s complaint that Defendant used a “rifle” in the commission of a felony was legally insufficient to notify Defendant of the pertinent aggravating circumstance in Section (3)(d), that is, that the rifle…