State v. Haanio

Opinion of the Court by

ACOBA, J.

We affirm the affirmance by the Intermediate Court of Appeals (the ICA) of the June 19, 1998 judgment of conviction and sentence of Petitioner-Appellant Oliver Haa-nio, Jr. (Petitioner) for the included offense of robbery in the second degree, Hawai'i Revised Statutes (HRS) § 708-841 (1993). However, we disagree with the ICA’s reformulation of the standard established in State v. Kupau, 76 Hawai'i 387, 879 P.2d 492 (1994), for governing a trial court’s discretion in giving included offense instructions. For that reason, and to clarify other grounds for…