State v. Tabigne

LEVINSON, Justice.

The defendant-appellant Rommel Tabigne appeals from his conviction of and sentence for one count of negligent homicide in the third degree, in violation of Hawai'i Revised Statutes (HRS) § 707-704 (1993). 1 On ap peal, Tabigne argues that the circuit court erred in instructing the jury as to various traffic code provisions because: (1) jurors may not consider the traffic code in determining whether a defendant is criminally negligent; (2) the circuit court failed to instruct the jury, pursuant to Hawaii Rules of Evidence (HRE) 306 (1993), 2 that it must find the basic facts…