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State v. Carroll4/29/1981
the offenses charged arose from the same conduct or episode. Id., 59 Haw. at 96, 576, P.2d at 1048. Aiu is therefore not precedential authority for the case at bar.
Section 701-109(2), HRS, prohibits the State from subjecting a defendant to separate trials for offenses arising from the same conduct or "episode," provided that the offenses are known to the
prosecutor at the commencement of the first trial and are within the jurisdiction of a single court. Under HRS § 701-111(1)(b), the State is barred from subsequently prosecuting a defendant for any offense which should have been joined in a prior trial under HRS § 701-109(2). State v. Solomon, 61 Haw. 127, 596 P.2d 779 (1979); State v. Aiu, 59 Haw. 92, 99 n.11, 576 P.2d 1044, 1049 n.11 (1978); Commentary on HRS § 701-111.
The word "episode" is not defined in the Hawaii Penal Code or the American Law Institute's Model Penal Code. On appeal, the State argues that the charges were unrelated and did not arise from the same "episode." The State contends that multiple offenses arise from the same "episode" where the offenses are motivated by a purpose to accomplish a single criminal objective or by a common purpose or plan. The basis of the State's test of "episode" lies in Model Penal Code § 1.08(2)(b) and (c) (Tent. Draft No. 5, 1956). That section provides in relevant part:
(2) Requirement of Single Prosecution. Except as provided in paragraph (3) of this Section, if a person is charged with two or more offenses and the charges are known to the proper officer of the police or prosecution and within the jurisdiction of a single court, they must be prosecuted in a single prosecution when:
(b) the offenses are based on a series of acts or omissions motivated by a purpose to accomplish a single criminal objective, and necessary or incidental to the accomplishment of that objective; or
(c) the offenses are based on a series of acts or omissions motivated by a common purpose or plan and which result in the repeated commission of the same offense or affect the same person or the same persons or the property thereof. (Emphasis supplied).
The State contends that Model Penal Code § 1.08(2) (Tent. Draft No. 5, 1956) is the forerunner of HRS § 701-109. Hence, the State argues that in formulating HRS § 701-109(2), the Legislature coined
the word "episode" as a shorthand means of encompassing the situations described in Model Penal Code § 1.08(2)(b) and (c) (Tent. Draft No. 5, 1956). The State therefore argues that the test of a single "episode" should focus on whether the offenses were motivated by a single criminal objective or common purpose or plan.
Defendant argues that the offenses occurred concurrently and were therefore part of the same episode. He urges this court to adopt a test which would find multiple charges arising from the same episode "if they are so closely linked in time, place and circumstance that a complete account of one charge cannot be related without relating details of the other charge." State v. Boyd, 271 Or. 558, 564, 533 P.2d 795, 798 (1975) (quoting from State v. Fitzgerald, 267 Or. 266, 273, 516 P.2d 1280, 1284 (1973)).
Alternately, defendant maintains that the Mace was carried as protection during the attempt to set the school afire and was necessary to accomplish that purpose. Hence, he argues th
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