State v. Timoteo

OPINION OF THE COURT BY NAKAYAMA, J. Plaintiff-appellant State of Hawai'i (the prosecution) appeals from a circuit court order granting defendant-appellee George Timoteo's motion for judgment of acquittal following a jury verdict of guilty of the time-barred lesser included offense of simple trespass in violation of Hawai'i Revised Statutes (HRS) 708-815 (1985). On appeal, the prosecution contends that (1) this court has jurisdiction over the instant appeal; (2) this appeal pursuant to HRS § 641-13(9) does not violate double jeopardy protections under the United States Constitution or the Hawai'i Constitution; and (3) the circuit court erred by concluding that the statute of limitations for simple trespass was jurisdictional and could not be waived. For the reasons set forth below, we vacate the circuit court's order granting Timoteo's motion for judgment of acquittal and remand this case to the circuit court with instructions to reinstate the jury's guilty verdict against Timoteo for simple trespass and to sentence him accordingly.