State v. Brighter

OPINION OF THE COURT BY

OGATA, J.

Defendant-appellant David Brighter (hereinafter appellant) was convicted by a jury of the offense of promoting a detrimental drug in the second degree. He now alleges error in the giving of a jury instruction relating to the statutory inference set out in HRS § 712-1251 (1976). Appellant contends that the inference permitted by that statute constitutes a violation of due process.

We uphold the constitutional validity of HRS § 712-1251 (1976) as we have restrictively construed it. However, we reverse appellant’s conviction due to inadequacy of jury instructions…