State v. Souza

OPINION OF THE COURT BY

LUM, CJ.

Defendant-appellant Tony Souza appeals his conviction of Attempted Murder in the Second Degree, HRS §§ 705-500 (1985) and 707-701.5(1) (Supp. 1990). Appellant committed the offense while admittedly under the influence of a chemical substance commonly referred to as “ice” which appellant had voluntarily consumed. Appellant contends that HRS § 702-230, used by the court in its self-induced intoxication instruction to the jury, is unconstitutional because it prevents the jury from considering as a defense relevant evidence of the effect of drugs on his state of…