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STATE v. AGANON

No. 23490.

36 P.3d 1269 (2001)

97 Hawai`i 299

STATE of Hawai`i, Plaintiff-Appellee, v. Earlily AGANON, Defendant-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied January 10, 2002.

Attorney(s) appearing for the Case

Rose Anne Fletcher, Deputy Public Defender, on the briefs, for defendant-appellant.

Glenn J. Kim, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.

Opinion of the Court by RAMIL, J.

Defendant-appellant Earlily Aganon (Aganon) appeals from the first circuit court's1 conviction of and sentence for murder in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-701.5 (1993). On appeal, Aganon contends that the circuit court erred because (1) the jury instructions on second degree murder were plainly erroneous inasmuch as (a) they failed to set out that the elements...

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