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68 Haw. 586

723 P.2d 185

State v. Yonaha

Hawaii Supreme Court

Decided August 7, 1986

Hawaii Supreme Court · decided 1986-08-07

Key passage — most relied on by later courts

“On or about the 28th day of June, 1991 in Kona, County and State of Hawai'i, [the defendant] attempted to prevent a Peace Officer acting under color of his official authority from effecting an arrest by using or threatening to use physical force against the peace officer or another thereby committing the offense of resisting arrest in violation of Section 710-1026(l)(a) [HRS] as amended.”

quoted by 1 later decision, including State v. Nesmith

Applies HI 710 § 710-1027

Relies on State v. Jendrusch · State v. Robins · State v. Treat

Good law ✅— No negative treatment on recordhow we know

Decided 1986-08-07

How this case has been cited

Cited by 12 later decisions — most recently April 2012

12 state decisions

601986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 OPINION OF THE COURT BY

PADGETT, J.

¶2 This is an appeal from a conviction for resisting an order to stop a motor vehicle in violation of HRS § 710-1027.

¶3 The oral charge read:

On or about April 4, 1985, in the Honolulu District, City and County of Honolulu, State of Hawaii, you, as an operator of a motor vehicle, resisted an order to stop by a police officer, thereby failing to obey his direction while on duty, violating Section 710-1027 of the Hawaii Revised Statutes.

¶4 Appellant’s counsel moved to dismiss the charge because the element of intent was missing. Section 710-1027(1) reads:

A person commits the offense of resisting an order to stop a motor vehicle if he intentionally fails to obey a direction of a peace officer, acting under color of his official authority, to stop his vehicle.

¶5 Unlike State v. Robins, 66 Haw. 312, 660 P.2d 39 (1983), and State v. Treat, 67 Haw. 119, 680 P.2d 250 (1984), the charge in this case did not track the statute. It omitted the element of intent which is expressly included in the statute.

¶6 Under our holdings in State v. Jendrusch, 58 Haw. 279, 567 P.2d 1242 (1977), and State v. Faulkner, 61 Haw. 177, 599 P.2d 285 (1979), the charge was fatally defective for failure to allege a necessary element. *587 Accordingly, the judgment below is reversed.

Edward K. Harada, Deputy Public Defender, on the briefs for appellant. Robert F. Murashige, Deputy Prosecuting Attorney, on the brief for appellee.
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