State v. Soares

WATANABE, Judge.

Defendant-Appellant Silverio Soares (Defendant) appeals from the December 4, 1992 Judgment of the First Circuit Court (Judgment), which followed his jury conviction of Assault in the Second Degree, a violation of Hawai'i Revised Statutes (HRS) § 707-711(l)(a) (1993). 1 Defendant contends that the circuit court reversibly erred when it (1) found him fit to proceed to trial, and (2) denied his request for substitute counsel and his counsel’s motions to withdraw.

We conclude that the circuit court was wrong when it failed to order sua sponte, 2 on the third day of trial, a hearing…