No. SCAP-17-0000707, Thursday, February 21, 2019, 8:45 a.m.

STATE OF HAWAII, Plaintiff-Appellee, vs. DAVID M. SHEFFIELD, Defendant-Appellant.

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Aliiolani Hale
417 South King Street
Honolulu, HI 96813

Attorney for Appellant:

Matthew S. Kohm

Attorney for Appellee:

Emlyn H. Higa, Deputy Prosecuting Attorney

NOTE: Order granting Application for Transfer, filed 08/07/18.

COURT: MER, C.J., PAN, SSM, RWP, and MDW, JJ.

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Brief Description:

The facts in this case are as follows: David M. Sheffield, a stranger to the complaining witness, allegedly followed her, stated that he wanted to beat her up and have sex with her, pulled a loop on her backpack, and dragged her backwards about five or ten steps before she broke free. Sheffield was charged with one count of kidnapping and one count of third degree assault. The third degree assault count was dismissed before trial. Sheffield was tried and found guilty on the kidnapping count. He now appeals, and this court has accepted transfer of the appeal from the ICA. On appeal, Sheffield argues that, when kidnapping is the only count tried, the State must prove the defendant used a greater degree of “restraint” than that incidentally used to commit the underlying (but here, untried and dismissed) offense. He also argues the jury should have been so instructed. Sheffield asserts that the act of pulling the loop on the complaining witness’s backpack and dragging her backwards five to ten steps, was insufficient evidence of “restraint” to support the kidnapping conviction. He asks this court to reverse his conviction, or, in the alternative, to vacate his conviction and remand this case to the trial court for further proceedings.