State v. Vinge

OPINION OF THE COURT BY RAMIL, J. Defendant-appellant Daniel Vinge was convicted on several counts related to the robbery of Honsport Sporting Store (Honsport) at Ka'ahumanu Shopping Center in Kahului, Maui, Hawai'i. Vinge argues the following points of error on appeal: (1) the trial court abused its discretion in denying Vinge's special jury instruction on eyewitnesses, because the prosecution's case hinged on a single eyewitness; (2) the trial court erred in denying Vinge's motion for judgment of acquittal on the charges of first degree burglary and attempted theft in the first and second degrees, because those charges were included offenses of robbery in the first degree, of which Vinge was convicted; (3) the trial court violated the due process clause of the Hawai'i Constitution when it failed to give notice that consecutive sentences were at issue; and (4) the trial court violated Vinge's first amendment right to freedom of association and the due process clause of the Hawai'i and United States Constitutions, when it relied on Vinge's membership with the ""Hawaiian Homes Gang"" as a basis for imposing consecutive sentences.