State v. Doi

OPINION OF THE COURT BY

BURNS, C.J.

Defendant Leslie Doi appeals the trial court’s refusal of his request that the jury be allowed to consider the offense of assault in the third degree as an included or related offense of robbery in the first degree.1 We affirm.

Doi was charged with violating Hawaii Revised Statutes (HRS) § 708-840(1)(b)(i) (Supp. 1984). It provides as follows:

Robbery in the first degree. (1) A person commits the offense of robbery in the first degree if, in the course of committing theft:

* * *(b) He is armed with a dangerous instrument and:

*116(i) He uses force against the person…