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STATE v. DECOITE

No. SCWC-30186.

323 P.3d 80 (2014)

132 Haw. 436

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

Supreme Court of Hawai`i.

February 28, 2014.

Attorney(s) appearing for the Case

Craig W. Jerome , ( Summer M.M. Kupau with him on the briefs), for petitioner.

Emlyn N. Higa , ( Pamela Lundquist with him on the briefs), for respondent.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., with ACOBA, J., Concurring Separately, and POLLACK, J., Dissenting Separately.

Opinion of the Court by NAKAYAMA, J.

On application for writ of certiorari, Petitioner-Defendant Herman Decoite (Decoite) asks us to determine whether Abuse of Family or Household Member, HRS § 709-906(1), can be charged as a "continuing course of conduct" offense. On narrower grounds, we hold that an alleged two-year period of domestic abuse could not be charged on a continuing course of conduct theory. Accordingly, we reverse the Intermediate Court of Appeals...

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