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STATE v. ORTIZ

No. 21425.

4 P.3d 533 (2000)

93 Hawai`i 399

STATE of Hawai`i (Plaintiff-Appellee), v. Larry ORTIZ (Defendant-Appellant).

Intermediate Court of Appeals of Hawai`i.

June 16, 2000.

Attorney(s) appearing for the Case

Chester M. Kanai, standby attorney, on the briefs, Honolulu, for defendant-appellant, pro se.

Caroline M. Mee, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for plaintiff-appellee.

BURNS, C.J., WATANABE, J., and Circuit Judge HIFO in place of LIM, J., Disqualified.

Opinion of the Court by WATANABE, J.

This appeal requires us to determine the applicability of the affirmative defenses of duress and choice of evils to a prison escape situation. Defendant-Appellant Larry Ortiz (Ortiz), who is appealing his conviction, following a jury verdict, of Escape in the Second Degree, contends that the Circuit Court of the First Circuit (the circuit court) reversibly erred by: (1) refusing to instruct the jury as to the affirmative defense...

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