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STATE v. MOORE

No. 17872.

921 P.2d 122 (1996)

82 Hawai`i 202

STATE of Hawai`i, Plaintiff-Appellee, v. Robert Steven MOORE, Defendant-Appellant.

Supreme Court of Hawai`i.

July 17, 1996.

Attorney(s) appearing for the Case

Peter Van Name Esser, on the briefs, Honolulu, for defendant-appellant Robert Steven Moore.

Caroline M. Mee, Deputy Prosecuting Attorney, on the briefs, Honolulu, for plaintiff-appellee State of Hawai`i.

Before MOON, C.J., and LEVINSON, NAKAYAMA and RAMIL, JJ., and CHANG, Circuit Judge, in place of KLEIN, J., Recused.

MOON, Chief Justice.

Following a jury trial, defendant-appellant Robert Steven Moore was found guilty of attempted second degree murder, in violation of Hawai`i Revised Statutes (HRS) §§ 707-701.5 and 705-500 (1985), and use of a firearm in the commission of a felony, in violation of HRS § 134-6 (1985). On appeal, Moore argues that: (1) the trial court committed plain error when it failed, sua sponte, to instruct the jury on (a) the included...

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