State v. Moore

MOON, Chief Justice.

Following a jury trial, defendant-appellant Robert Steven Moore was found guilty of attempted second degree murder, in violation of Hawai'i Revised Statutes (HRS) §§ 707-701.5 and 705-500 (1985), and use of a firearm in the commission of a felony, in violation of HRS § 134r-6 (1985). On appeal, Moore argues that: (1) the trial court committed plain error when it failed, sua sponte, to instruct the jury on (a) the included offense of attempted reckless manslaughter and (b) the mitigating defense of attempted extreme mental or emotional disturbance (EMED) manslaughter; 1 (2)…