State v. Nizam

OPINION OF THE COURT BY

HEEN, J.

Defendant was indicted in this case for attempted murder, Hawaii Revised Statutes (HRS) §§ 705-500, 707-701(1) (1985) (Count I), and assault in the first degree, HRS § 707-710 (1985) (Count II), arising out of the infliction of severe injuries on his six-month-old son. He was convicted by a jury on Count II only, a class B felony. HRS § 707-710(2) (1985). Under HRS § 706-662(5) (1985), 2 however, Defendant was sentenced to an extended term of imprisonment for twenty years. He appeals. We affirm.

At trial, Defendant raised the HRS § 707-702(2) (1985 & Supp. 1988)…