HRS 0707-0711 ANNOTATIONS

Cruelty to Animals: Recognizing Violence Against Nonhuman Victims. 23 UH L. Rev. 307.

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.

Conviction of defendant of offense of carrying, using or threatening to use a firearm in the commission of a separate felony under §134-6(a) and (e), the separate felony being second degree assault under subsection (1)(a), vacated where there was no substantial evidence that defendant caused substantial bodily injury to victim as required under subsection (1)(a). 94 H. 241, 11 P.3d 466.

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.