State v. Servantes

OPINION OF THE COURT BY

LUM, CJ.

Defendant-Appellant Robin Servantes appeals from felony convictions of Promoting a Dangerous Drug in the Third Degree, Hawaii Revised Statutes (HRS) § 712-1243 (1985), and Possession with Intent to Use Drug Paraphernalia, HRS § 329^43.5. Appellant contends that under HRS § 701-109(2) his prosecution was barred by his earlier plea of no contest to a misdemeanor charge of Promoting a Detrimental Drug in the Third Degree, HRS § 712-1249.

We find that the trial court erred in concluding that the felony and misdemeanor charges arose from separate episodes and could be…