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STATE v. KUPAU

No. 15885.

879 P.2d 559 (1994)

STATE of Hawai`i, Plaintiff-Appellee, v. Walter KUPAU, Jr., Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted February 22, 1994.

Attorney(s) appearing for the Case

Alvin T. Sasaki, on the briefs, Honolulu, for defendant-appellant.

Patricia A. Loo, Deputy Prosecuting Atty., City and County of Honolulu, on the brief, Honolulu, for plaintiff-appellee.

Before WATANABE, J., CRANDALL, Circuit Judge, in place of BURNS, C.J., Recused, and SHIMABUKURO, Circuit Judge, in place of HEEN, J., Recused.

WATANABE, Judge.

In this appeal, Defendant-Appellant Walter Kupau, Jr. (Defendant) contends that his jury conviction of Assault in the Second Degree should be reversed for two reasons: first, the trial court committed plain error when it failed, sua sponte, to instruct the jury on the lesser included offense (LIO) of Assault in the Third Degree; and second, the conduct of Defendant's trial counsel deprived Defendant of his constitutional right to effective...

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