STATE v. PEREZ

No. 20880.

976 P.2d 427 (1998)

90 Hawai`i 113

STATE of Hawai`i, Plaintiff-Appellee, v. Ramon PEREZ, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted November 20, 1998.


Attorney(s) appearing for the Case

James M. Anderson, Deputy Prosecuting Attorney, City and County of Honolulu, on the brief for plaintiff-appellee.

Deborah L. Kim, Deputy Public Defender, on the briefs for defendant-appellant.

WATANABE, ACOBA, and KIRIMITSU, JJ.


ACOBA, J.

We hold that an instruction of the first circuit court (the court) which merely advised that "self-control" was a significant factor in determining whether the defendant was acting under the influence of extreme mental and emotional disturbance as described in Hawai`i Revised Statutes (HRS) § 707-702(2) (1993) at the time he attempted to commit murder unduly singled out that factor for consideration by the jury. We hold, further, that the court's adoption...

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