Assault in the third degree is not a lesser included offense. 68 H. 276, 711 P.2d 1289.

Circuit court was obligated, even absent a request by either party, to instruct the jury regarding the included offense of assault in third degree where appellant was charged with committing offense of assault in second degree; court’s failure to do so constituted plain error. 76 H. 387, 879 P.2d 492.

Court's failure to personally engage defendant in on-the-record colloquy to determine whether defendant understood consequences of foregoing right to have jury instructed on third degree assault, the lesser-included offense of second degree assault, constituted plain error. 85 H. 44 (App.), 936 P.2d 1292.

Cited: 55 H. 531, 534, 523 P.2d 299.