STATE v. TORO

No. 17163.

884 P.2d 403 (1994)

77 Hawai`i 340

STATE of Hawai`i, Plaintiff-Appellee, v. Alexander TORO, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Amended November 2, 1994.

Reconsideration Denied November 17, 1994.

Certiorari Denied December 8, 1994.


Attorney(s) appearing for the Case

Dwight C.H. Lum, on the brief, Honolulu, for defendant-appellant.

Donn Fudo, Deputy Pros. Atty., City & County of Honolulu, on the brief, Honolulu, for plaintiff-appellee.

Before BURNS, C.J., and WATANABE, and ACOBA, JJ.


ACOBA, Judge.

Defendant-Appellant Alexander Toro (Defendant) was indicted on two counts of Sexual Assault in the Third Degree, in violation of Hawai`i Revised Statutes (HRS) § 707-732(1)(b) (Supp.1992)1 for conduct which allegedly occurred on August 20, 1992. Both counts charged that on that date, Defendant placed his hand on the breast of a female not his spouse, who was less than fourteen years old.

Jury trial began on February...

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