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STATE v. SANTIAGO

No. SCWC-11-0001078.

319 P.3d 272 (2013)

131 Haw. 353

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Anthony SANTIAGO, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

December 20, 2013.

Attorney(s) appearing for the Case

Stuart N. Fujioka , Honolulu, for petitioner.

Brandon H. Ito (on the briefs), for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.

Opinion of the Court by ACOBA, J.

We hold that Petitioner/Defendant-Appellant Anthony Santiago (Petitioner or Anthony Santiago) may not be convicted of both Robbery in the Second Degree, Hawai`i Revised Statutes (HRS) § 708-841 (Supp.2013) (Count one), and Assault in the First Degree, HRS § 707-710 (1993) (Count two), inasmuch as (1) the element of infliction of severe bodily injury is common to both offenses, (2) the jury apparently relied on the same conduct...

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