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STATE v. SOUZA

No. 14547.

813 P.2d 1384 (1991)

STATE of Hawaii, Plaintiff-Appellee, v. Tony SOUZA, Defendant-Appellant.

Supreme Court of Hawaii.

July 24, 1991.

Attorney(s) appearing for the Case

Rose Anne Fletcher, Office of the Public Defender, Honolulu, for defendant-appellant.

James H.S. Choi, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and TANAKA, Intermediate Court of Appeals Judge, in place of MOON, J., recused.

LUM, Chief Justice.

Defendant-appellant Tony Souza appeals his conviction of Attempted Murder in the Second Degree, HRS §§ 705-500 (1985) and 707-701.5(1) (Supp. 1990). Appellant committed the offense while admittedly under the influence of a chemical substance commonly referred to as "ice" which appellant had voluntarily consumed. Appellant contends that HRS § 702-230, used by the court in its self-induced intoxication instruction to the jury, is unconstitutional...

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