State v. Crisostomo

Opinion of the Court by

MOON, C.J.

On February 25, 1998, defendant-appellant Joaquin Crisostomo was convicted of three counts of sexual assault in the third degree, in violation of Hawaii Revised Statutes (HRS) § 707-732(l)(e) (1993), 1 and two counts of sexual assault in the fourth degree, in violation of HRS § 707-733(l)(a) (1993). 2 On appeal, Crisostomo argues that his conviction should be reversed because the trial court erred by: (1) dismissing, sua sponte, a juror who failed to timely appear on the second day of trial without sufficient cause or consultation with counsel; and (2)…