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STATE v. RULONA

No. 13427.

785 P.2d 615 (1990)

STATE of Hawaii, Plaintiff-Appellee, v. Jovenal RULONA, Defendant-Appellant.

Supreme Court of Hawaii.

January 9, 1990.

Attorney(s) appearing for the Case

Judd R. Scott, Deputy Public Defender, Honolulu, Hawaii, for defendant-appellant.

Alexa D.M. Fujise, Deputy Pros. Attorney, Honolulu, Hawaii, for plaintiff-appellee.

Before LUM, C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and Retired Justice NAKAMURA, Assigned by Reason of Vacancy.

PADGETT, Justice.

This is an appeal from a conviction for two counts of sexual assault in first degree in violation of HRS § 707-730(1)(b) and two counts of sexual assault in the third degree in violation of HRS § 707-732(1)(b).

Defendant-Appellant Jovenal Rulona (appellant) has argued that he should not be convicted under Count II of the indictment for first degree sexual assault (HRS § 707-730(1)(b)) because there is no allegation, nor any...

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