State v. Pemberton

OPINION OF THE COURT BY

HAYASHI, J.

Following a jury trial in the Circuit Court of the First Circuit, Defendant-Appellant Wayne Fumio Pemberton (Defendant) was convicted of two counts of Assault in the Second Degree (Hawaii Revised Statutes (HRS) § 707-71 l(l)(d)) and one count of Carrying a Deadly Weapon (HRS § 134-51). Defendant appeals from those convictions contending that: (1) the trial court erred in allowing testimony concerning a prior incident in which Defendant allegedly used a knife, and in failing to strike that testimony once it had been given; (2) Defendant was denied a fair trial…