State v. Radcliffe

OPINION OF THE COURT BY

HEEN, J.

In this appeal by Defendant-Appellant Mark Radcliffe (Defendant), we consider only his conviction for the offenses of Robbery in the First Degree, Hawai‘i Revised Statutes (HRS) § 708-840(1)(b)(ii) (1985) (Count I), and Assault in the Third Degree (Count III). HRS § 707-712(1)(a) (1985). The State concedes that the trial court erred in denying Defendant’s motion for judgment of acquittal on Count II of the indictment, Possession, Use or Threat to Use a Deadly Weapon in the Commission of a Crime. HRS § 134 — 51(b) (Supp. 1992). Accordingly, we reverse Defendant’s…