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STATE v. CARROLL

No. 8801.

670 P.2d 1290 (1983)

STATE of Hawaii, Plaintiff-Appellee, v. Terence Burke CARROLL, Jr., also known as John Fritz and Terence John Fritz, Defendant-Appellant, and Henry Villita, Defendant.

Intermediate Court of Appeals of Hawaii.

October 28, 1983.

Attorney(s) appearing for the Case

Clayton C. Ikei, Honolulu (Harry Holifield, Honolulu, with him on briefs), for defendant-appellant.

Thomas Pico, Deputy Pros. Atty., Honolulu (Shirley Smith, Deputy Pros. Atty., Honolulu, on briefs), for plaintiff-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

Defendant Terence Burke Carroll, Jr. (Carroll) appeals his conviction. We reverse and remand. The two issues and our answers are:

I. Did the lower court commit reversible error when it convicted Carroll of two counts of robbery of a jewelry store because the husband and wife who owned and operated it were both present during the offense? Yes. He can be convicted of only one count.

II. Did the lower court commit reversible error...

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