State v. Borochov

ACOBA, Judge.

We hold that in Hawaii Revised Statutes (HRS) § 708-830(6)(a) (1985) the phrase “whether from the property or its proceeds or from the [defendant’s] own property reserved in equivalent amount” qualifies the defendant’s obligation to make a specified payment or other disposition from property he or she obtained, and, therefore, describes part of the attendant circumstances of the theft offense defined under subsection (6)(a).

Because the indictment in the instant ease charged the theft offense defined under HRS § 708-830(6)(a) but omitted this phrase, the indictment was defective…