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STATE v. ITO

No. 18903.

936 P.2d 1292 (1997)

85 Hawai`i 44

STATE of Hawai`i, Plaintiff-Appellee, v. Garret K. ITO, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

Certiorari Denied April 28, 1997.

Attorney(s) appearing for the Case

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, Honolulu, on the briefs, for defendant-appellant.

Donn Fudo, Deputy Prosecuting Attorney, City and County of Honolulu, Honolulu, on the brief, for plaintiff-appellee.

BURNS, C.J., and ACOBA and KIRIMITSU, JJ.

ACOBA, Judge.

We hold in this appeal by Defendant-Appellant Garret K. Ito (Defendant) from his March 24, 1995 judgment of conviction for second degree assault, as defined in Hawaii Revised Statutes (HRS) § 707-711(1)(a) (1993), of Karen Ito, his wife (Wife), that although Defendant's counsel withdrew a lesser-included-offense instruction for third degree assault before the case was presented to the jury, the court was nevertheless required to personally engage...

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