State v. Kekaualua

CONCURRING OPINION OF

LEVINSON, J.

I agree with the majority opinion that the conviction should be affirmed. I believe, however, that we should clarify the test we use in reviewing convictions in criminal cases, and the precise way in which the test functions. Moreover, I think we should recognize the difficulty inherent in establishing the requisite *133elements of specific intent, which I do not think the majority opinion does.

Test on Appeal in Criminal Cases

As the majority opinion indicates, there are serveral decisions of this court stating the test to be applied in reviewing a conviction.…