State v. Van Dyke

Opinion of the Court by

LEVINSON, J.

The defendant-appellant Kennard Montez 1 appeals from the amended judgement of the first circuit court, the Honorable Virginia Lea Crandall presiding, convicting him of and sentencing him for the offense of reckless manslaughter, in violation of Hawai'i Revised Statutes (HRS) § 707-702(l)(a) (1993 and Supp.1999). 2 On appeal, Montez contends that the circuit court: (1) erred in failing to instruct the jury that, as an “attendant circumstance” element of second degree murder and reckless manslaughter, the prosecution had the burden of proving beyond a…