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STATE v. CABRAL

No. 14459.

810 P.2d 672 (1991)

STATE of Hawaii, Plaintiff-Appellee, v. Clifford CABRAL, Defendant-Appellant, and Michelle Cabral, Defendant.

Intermediate Court of Appeals of Hawaii.

May 14, 1991.

Attorney(s) appearing for the Case

Jonathan James Ezer (Alvin T. Sasaki on the brief), Honolulu, for defendant-appellant.

Alexa D.M. Fujise, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

Defendant Clifford Cabral (Clifford) appeals the family court's March 14, 1990 Judgment which notes that the jury found Clifford guilty of Count I (for the lesser-included offense of Manslaughter) and Count II (for Murder) for the death of Michael Chun (Michael), but sentences him only under Count II (for Murder) to incarceration for life. Because the jury instructions were prejudicially insufficient, we vacate the March 14, 1990 Judgment and remand...

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