NAKAYAMA, Justice.
After a jury trial, defendant-appellant Manuel Jhun (Jhun) was found guilty of assault in the second degree in violation of Hawai`i Revised Statutes (HRS) § 707-711(1)(d) (1993). Through an opinion filed on December 5, 1995, the Intermediate Court of Appeals of Hawai`i (ICA) vacated the judgment and remanded the case for a new trial. State v. Jhun, No. 16139, slip op. (Ct.App. December 5, 1995). In so holding, the ICA addressed only...
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