State v. Halemanu

DISSENTING OPINION OF

CIRCUIT JUDGE ACOBA

I believe the conviction should be reversed and remanded for a new trial on two grounds and, therefore, I respectfully dissent.

*3101.

The first ground for remand is the trial court’s incorrect instruction on the robbery element of being “armed with a dangerous instrument.” Robbery in the first degree is defined in the Penal Code’s chapter on “Property Offenses.” Under that definition, proof of the “dangerous instrument” element is required:

§ 708-840 Robbery in the first degree. (1) A person commits the offense of robbery in the first degree if, in the course…