Briones v. State

*446OPINION OF THE COURT BY

KLEIN, J.

Petitioner Isagani P. Briones (Petitioner) seeks review of a circuit court order dismissing his Hawaii Rules of Penal Procedure (HRPP) Rule 40 petition, which sought to vacate his conviction of attempted first degree murder in violation of Hawaii Revised Statutes (HRS) §§ 705-500 (1985) and 707-701(l)(a) (Supp. 1992). Relying on our opinion in State v. Briones, 71 Haw. 86, 784 P.2d 860 (1989), the trial court determined that the petition was frivolous and thus no evidentiary hearing was held. See HRPP 40(f).1 In Briones, we reversed Petitioner’s convictions of…