Where the same act or transaction constitutes a violation of two distinct statutory provisions, under the Blockburger rule the test to determine whether there are two offenses or only one is whether each provision requires proof of a fact which the other does not. Under the Hawaii double jeopardy constitutional standard, the test is the same as the Blockburger rule, plus an additional test of whether the law defining each of the offenses is intended to prevent a substantially different harm or evil. Therefore, the defendant's convictions for both of those offenses did not violate the guarantee against double jeopardy under the United States and Hawaii Constitutions. We disagree and affirm. Sexual assault in the fifth degree is a petty misdemeanor.
Open lewdness is a petty misdemeanor.
Five school girls left the school campus, crossed the street, and entered the store. One of the school girls who was twelve years of age testified that, after coming out of the store and while standing on the sidewalk, she observed through the open passenger window of the car Defendant sitting in the driver's seat. Trial Transcript at 9. Defendant testified that he had lost his left leg at the groin and thus wore an artificial leg. The prosthesis caused a rash on the stump of his leg.