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STATE v. FORBES

No. CAAP-19-0000585.

478 P.3d 740 (2020)

STATE of Hawai`i, Plaintiff-Appellee, v. Ephrim Richard FORBES, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

November 20, 2020.

Attorney(s) appearing for the Case

On the briefs:

Walter J. Rodby , Honolulu, for Defendant-Appellant.

Loren J. Thomas , Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellee.

LEONARD, PRESIDING JUDGE, AND WADSWORTH, J., WITH HIRAOKA, J., CONCURRING AND DISSENTING IN PART.

In State v. Sheffield, 146 Haw. 49, 60, 456 P.3d 122, 133 (2020), the Hawai`i Supreme Court held that a circuit court plainly erred when it failed to instruct a jury that the restraint necessary to support a conviction for Kidnapping under Hawaii...

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