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STATE v. SANTIAGO

No. SCWC-11-0001078.

319 P.3d 272 (2013)

131 Haw. 353

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Anthony SANTIAGO, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

December 20, 2013.

Attorney(s) appearing for the Case

Stuart N. Fujioka, Honolulu, for petitioner.

Brandon H. Ito (on the briefs), for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.

Opinion of the Court by ACOBA, J.

We hold that Petitioner/Defendant-Appellant Anthony Santiago (Petitioner or Anthony Santiago) may not be convicted of both Robbery in the Second Degree, Hawai`i Revised Statutes (HRS) § 708-841 (Supp.2013) (Count one), and Assault in the First Degree, HRS § 707-710 (1993) (Count two), inasmuch as (1) the element of infliction of severe bodily injury is common to both offenses, (2) the jury apparently relied on the same conduct...

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