State v. Baxley

*131Opinion of the Court by

NAKAYAMA, J.

Defendant-Appellant James Gavin Baxley appeals from his acquittal, the Honorable Frances Q.F. Wong presiding, of attempted assault in the second degree, Hawai'i Revised Statutes (HRS) §§ 705-500 (1993)1 and 707-711(1)(d) (1993)2 (Count I), terroristic threatening in the first degree, HRS § 707-716(1)(d) (1993)3 (Count II), and kidnapping, HRS § 707-720(1)(e) (1993)4 (Count III), on the ground of lack of penal responsibility pursuant to HRS § 704-400 (1993).5 Baxley argues that the circuit court: (1) erred by acquitting him of Count III, kidnapping, on the…