Case Notes

Complaint failed to adequately inform defendant of nature and cause of subsection (a) charge and failed to ensure that district court had before it all facts necessary to find probable cause on the charge. 78 H. 66, 890 P.2d 303.

Where no evidence was presented that any "dangerous instrument" other than a firearm was involved, which established an element of the underlying felony under §707-716(1)(d), subsection (a) did not apply. 83 H. 229, 925 P.2d 797.

The felony underlying a subsection (a) offense is an included offense of the subsection (a) offense; thus pursuant to §701-109(1)(a), defendant should not have been convicted of both the subsection (a) offense and the underlying second degree murder offense. 87 H. 1, 950 P.2d 1201.

The offense of use of a firearm in the commission of second degree murder in violation of subsection (a) is not an included offense of second degree murder in violation of §707-701.5(1). 87 H. 1, 950 P.2d 1201.

Where defendant’s conviction and sentence under §708-840 was an included offense under subsection (a) and defendant’s convictions under both §§134-4(a) and 708-840 violated §701-109(1)(a), defendant’s conviction and sentence under §708-840 reversed. 91 H. 33, 979 P.2d 1059.

Where defendant’s convictions were premised upon the use of "any firearm" and language of indictments and trial court’s instructions "to wit, a semiautomatic pistol" did not alter the statutory elements of §§708-840, 134-7, or this section, trial court’s error of not providing definition of "semiautomatic firearm" did not warrant reversal of convictions of first degree robbery, carrying or use of firearm in commission of separate felony, or felon in possession of firearm. 91 H. 33, 979 P.2d 1059.

In light of facts known to the police at time of arrest, the police reasonably believed that passenger seated in right rear seat of car violated subsection (c) (1991) either as a principal or accomplice. 9 H. App. 551, 851 P.2d 926.