(Download) "State V. Robinson" by Hawaii Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: State V. Robinson
- Author : Hawaii Supreme Court
- Release Date : January 10, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Following a jury trial, defendant-appellant Kristen J. Robinson appeals from her conviction and sentence for assault in the first degree, in violation of Hawaii Revised Statutes (HRS) § 707-710 (1993). On appeal, Robinson contends that the trial court erred by: (1) giving a misleading and/or insufficient instruction that could have confused the jury; (2) refusing to instruct the jury that it was entitled to consider all the circumstances surrounding her extrajudicial admission and weigh it accordingly; (3) refusing to instruct the jury on the included offense of assault in the third degree; and (4) sentencing her to a mandatory minimum sentence where the "aggravating factor" of the victims age was not submitted to the jury. Because we believe that the jury instructions, when read and considered as a whole, were prejudicially insufficient and had the potential to mislead the jury, we vacate Robinsons conviction and remand this case for a new trial consistent with this opinion. Notwithstanding Robinsons final two contentions, we discern no other error.
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