State v. Ito

ACOBA, Judge.

We hold in this appeal by Defendant-Appellant Garret K Ito (Defendant) from his March 24, 1995 judgment of conviction for second degree assault, as defined in Hawaii Revised Statutes (HRS) § 707-711(l)(a) (1993), of Karen Ito, his wife (Wife), that although Defendant’s counsel withdrew a lesser-included-offense instruction for third degree assault before the case was presented to the jury, the court was nevertheless required to personally engage Defendant in an on-the-record colloquy to determine whether Defendant understood the consequences of foregoing such an instruction…