State v. Rodrigues

OPINION OF THE COURT BY

TANAKA, J.

Defendant Lawrence M. Rodrigues (Rodrigues) appeals his conviction of Robbery in the First Degree in violation of Hawaii Revised Statutes § 708-840(l)(b)(i) (1985). The dispositive issue on appeal is whether the trial court’s admission of hearsay testimony violated Rodrigues’ constitutional right to be confronted with the witnesses against him. We hold that it did. We therefore vacate the judgment of conviction and remand for retrial.

I

The State’s evidence presented at the jury trial shows that before daybreak on May 17, 1985, two witnesses, Randy Bowles…