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Criminal Law keyed to Dripps
State v. Carroll
Facts
Early one morning, an individual noticed Alfred Kapala Carroll (Defendant) was attempting to start a fire at a school. Defendant was arrested. During a routine search of Defendant for weapons at the scene, a police officer found a canister. Believing it was a container of nasal spray, the officer returned it to Defendant. About an hour later Defendant was booked on the charge of second-degree attempted criminal property damage in violation of HRS §§ 700-705 and 708-821(1)(b). Around that time, a custodial search of Defendant again revealed the presence of the canister. Upon closer inspection, however, the container was identified as Mace. Defendant was then charged with possession of an obnoxious substance in violation Revised Ordinances of Honolulu (ROH) § 13-21.3(a). Two months later, Defendant was tried on the misdemeanor Mace possession charge and acquitted. Thereafter, Defendant was brought to trial on the attempted property damage charge. At trial, Defendant moved the court to dismiss the indictment on the ground that the two offenses were part of a single “episode” within the context of HRS § 701-109(2) and should have been prosecuted in a single proceeding. The trial court granted Defendant’s motion to dismiss the indictment and the State appealed.
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