State v. Birdsall

RAMIL, Justice.

Defendant-appellant Mark J. Birdsall appeals from his conviction of: Count II, reckless driving, in violation of HRS § 291-2; Count III, driving under the influence of intoxicating liquor; Count IV, terroristic threatening in the second degree, in violation of HRS § 707-717(1); and CountV, criminal property damage in the first degree, in violation of HRS § 708-820(1). 1 Birdsall raises the following two issues on appeal: (1) that HRS § 702-230 2 is unconstitutional because it prohibits the introduction of evidence that he was voluntarily intoxicated to negative his state of…