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STATE v. JONES

No. 20543.

32 P.3d 1097 (1998)

97 Hawai`i 23

STATE of Hawai`i, Plaintiff-Appellee, v. Willie JONES, also known as "Willis," Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Amended October 21, 1998.

Certiorari Granted November 17, 1998.

Attorney(s) appearing for the Case

James M. Anderson, Deputy Prosecuting Attorney, City and County of Honolulu, on the brief, for plaintiff-appellee.

Edwin Lauder Baker, on the briefs, for defendant-appellant.

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

ACOBA, Judge.

We hold that "ineffective consent" in a criminal case as set forth in Hawai`i Revised Statutes (HRS) § 702-235 (1993) is an attendant circumstance of the offense to which it is attributed and therefore a material element which must be proven beyond a reasonable doubt by the prosecution. We further hold that because there are four potential grounds upon which ineffective consent may be found, the jury must be informed that its decision must be unanimous...

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