State v. Ah Choy

In State v. Ah Choy, 70 Haw. 618, 780 P.2d 1097 (1989), the Hawai'i Supreme Court held that a defendant could not be convicted of both Robbery in the First Degree and its component offense of Attempted Murder "in the absence of evidence that the defendant committed both offenses separately in time." Id. at 622, 780 P.2d at 1100. See also HRS 701-109(1)(e) (1993) ("The defendant may not . . . be convicted of more than one offense if . . . the offense is defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that specific periods of conduct constitute separate offenses.") The supreme court held in Ah Choy: It was plain error for the trial court to fail to instruct the jury of its duty to find the defendant guilty of only the attempted murder count if it determined that the defendant committed the offense concurrently with the commission of robbery in the first degree. The instructions should have been framed so that once the jury determined that the defendant was guilty of attempted murder it need not go any further with respect to the robbery count." 70 Haw. at 623, 780 P.2d at 1101.