State v. Smith

Opinion of the Court by

BURNS, C.J.

Defendant-Appellant Clarence Kalani Smith, Sr. (Smith), appeals the circuit court’s February 24, 1998 Judgment; Guilty Conviction and Sentence (February 24, 1998 Judgment) convicting him pursuant to a jury verdict of Attempted Murder in the First Degree, Hawaii Revised Statutes (HRS) §§ 705-500 and 707-701(l)(a) 1 (1993), and sentencing him to life imprisonment without the possibility of parole. 2 We vacate and remand for a new trial consistent with this opinion.

In this opinion we decide that: (l)(a) during its rebuttal argument to the jury, the prosecution…