State v. Kipi

OPINION OF THE COURT BY

MOON, J.

Plaintiff-appellant State of Hawaii (State) appeals the trial court’s dismissal of burglary and terroristic threatening charges against defendant-appellee Jonathan K. Kipi (Kipi). The charges were based on the same conduct that supported a criminal contempt charge against Kipi for which he had already been convicted and sentenced by the family court. We find that double jeopardy principles bar the subsequent prosecution and therefore affirm the trial court’s dismissal.

I

On October 11, 1989, at 4:00 a.m., Kipi entered the home of his ex-girlfriend, Linda Yamasaki…