State v. Riveira

The defendant-appellant Edwin Kaiolani Riveira (hereinafter appellant) was indicted by the grand jury for the offense of robbery in the first degree in violation of the Hawaii Penal Code (H.P.G.) sec. 840(l)(b)(i), Act 9, S.L.H. 1972. 1 However, in a jury trial in the First Circuit, appellant was convicted for the offense of assault in the second degree in violation of H.P.C. sec. 711, Act 9 S.L.H. 1972 2 and sentenced to five years imprisonment to run concurrently with any other sentences outstanding. We reverse.

Near midnight between July 12 and 13, 1975, appellant and a Clarence W. Carvalho…