State v. Cabrera

Opinion of the Court by

LEVINSON, J.

The defendant-appellant Mario Cabrera appeals from his conviction of theft in the second degree, in violation of Hawai'i Revised Statutes (HRS) § 708-831(l)(b) (1993 & Supp.1998). 1 On appeal, Cabrera contends that the circuit court reversibly erred (1) by failing properly to instruct the jury regarding (a) the state of mind as to the value of the property requisite to convict Cabrera of second degree theft and (b) the defenses of ignorance or mistake of fact, and (2) by admitting evidence, precluded by Hawai'i Rules of Evidence (HRE) Rules 404(b)…