State v. Freeman

OPINION OF THE COURT BY

LUM, C.J.

The issue presented in this appeal is whether Theft in the Second Degree (Hawaii Revised Statutes [HRS] § 708 — 831(1)(b) (Supp. 1988)) is a lesser included offense of Fraudulent Use of a Credit Card (HRS § 708 — 8100(1)(b) and (2) (Supp. 1988)) pursuant to HRS § 701-109(4), or, in the alternative, whether the offense of Theft in the Second Degree merges with the offense of Fraudulent Use of a Credit Card pursuant to HRS § 701-109(1). We conclude that Theft in the Second Degree is not a lesser included offense of Fraudulent Use of a Credit Card, nor do the two…