Flores v. State

Opinion of the Court by

ACOBA, J.

We hold, first, that the Circuit Court of the First Circuit (the court) 1 should have given a jury instruction on the lesser-ineluded offense of Unlawful Imprisonment in the First Degree, Hawai'i Revised Statutes (HRS) § 707-721 (Supp.2008) 2 , in this case, where Petitioner/Defendant-Appellant Shane Flores (Flores) was charged with the offense of Kidnapping, HRS § 707-720(l)(e) (Supp. 2008). 3 Second, we conclude that the court’s failure to give the instruction on the lesser-ineluded offense was not harmless, overruling State v. Haanio, 94 Hawai'i 405, 16 P.3d…