Summary
In State v. Lavoie, CAAP-15-0000643, 2018 WL 1905957, *8-*9 (Haw. App. Apr. 23, 2018) (MOP), vacated, 145 Hawai'i 409, 453 P.3d 229 (2019), this court held that a merger instruction was unnecessary for felon-in-possession and place-to-keep charges, adopting a circuit court's analysis that the offenses arose from separate and distinct facts: the defendant completed the felon-in-possession offense before he left his home on the incident date, and he then committed the place-to-keep offense when he loaded and transported the firearm.
Summary of this case from Smith v. StateOpinion
NO. CAAP-15-0000643
04-23-2018
STATE of Hawai‘i, Plaintiff-Appellee, v. Marlin L. LAVOIE, Defendant-Appellant
Matthew S. Kohm, Wailuku, for Defendant-Appellant. Renee Ishikawa Delizo, Deputy Prosecuting Attorney, for Plaintiff-Appellee.
MEMORANDUM OPINION
Affirmed.