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STATE v. AUWAE

No. 21131

968 P.2d 1070 (1998)

89 Hawai`i 59

STATE of Hawai`i, Plaintiff-Appellant, v. Ernest N. AUWAE, Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

As Amended September 21, 1998.

Attorney(s) appearing for the Case

Mark Yuen and Alexa D.M. Fujise, Deputy Prosecuting Attorneys, on the briefs, for plaintiff-appellant.

Michael G.M. Ostendorp, on the briefs, Honolulu, for defendant-appellee.

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

Opinion of the Court by ACOBA, J.

We hold that under the Hawai`i Penal Code (HPC), possession is an act which may be prosecuted if (1) the defendant knowingly procured or received the thing possessed, or (2) the defendant was aware of defendant's control of it for a sufficient period to have been able to terminate defendant's possession. Hawai`i Revised Statutes (HRS) § 702-202 (1993). Accordingly, the term "possess" under HRS § 134-7(b) (Supp.1997) means...

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