STATE v. MOTTA

No. 8380.

657 P.2d 1019 (1983)

STATE of Hawaii, Plaintiff-Appellee, v. David K. MOTTA, also known as Bimbo, Defendant-Appellant.

Supreme Court of Hawaii.

As Amended January 31, 1983.


Attorney(s) appearing for the Case

James D. Comack, Honolulu (Milton S. Tani and Alvin T. Sasaki, Deputy Public Defenders, Honolulu, on brief), for defendant-appellant.

Alexandra Kaan, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, Acting C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and CHANG, Circuit Judge, assigned by reason of vacancy.


PADGETT, Judge.

Defendant-Appellant David Kalei Motta (Motta) appeals his jury conviction for burglary in the second degree. Motta's contention on appeal is that the grand jury indictment against him failed to allege the specific crime against a person or property which he intended to commit when entering the building. He argues that such an allegation is an essential element in charging the offense of burglary, and therefore, his conviction should be reversed.

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