State v. Dumlao

OPINION OF THE COURT BY

HEEN, J.

Defendant Vidado B. Dumlao (Dumlao) appeals from his conviction of murder. Hawaii Revised Statutes (HRS) § 707-701 (1976). He argues on appeal that the trial court erred in refusing to give his requested manslaughter instruction. Relying on State v. O’Daniel, 62 Haw. 518, 616 P.2d 1383 (1980), he contends there was sufficient evidence that he shot his mother-in-law, Pacita M. Reyes (Pacita), while “under the influence of extreme mental or emotional disturbance for which there [was] a reasonable explanation” to support an instruction under HRS § 707-702(2) (1976).…