STATE v. FOSTER

No. SCWC-29799.

282 P.3d 560 (2012)

128 Haw. 18

STATE of Hawai`i, Respondent/Plaintiff-Appellant, v. Raymond L. FOSTER, also known as "Ray," Petitioner/Defendant-Appellee.

Supreme Court of Hawai`i.

July 31, 2012.


Attorney(s) appearing for the Case

Cynthia Kagiwada , for petitioner.

Richard K. Minatoya and Renee Ishikawa Delizo for respondent.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., and Circuit Judge LEE, In Place of DUFFY, J., Recused; with ACOBA, J., Concurring Separately.


Opinion of the Court by NAKAYAMA, J.

In this case we hold that mere proximity and power to exercise control over contraband are insufficient to sustain a conviction for possession absent evidence of intent. Petitioner/Defendant-Appellee Raymond L. Foster was found guilty by a jury of, inter alia, one count of being a felon in possession of a firearm and one count of being a felon in possession of ammunition. Following the jury verdict, the Circuit Court of...

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