State v. YangAnnotate this Case
Defendant was convicted of Counts VI and VIII in violation of Haw. Rev. Stat. 709-906(1) and (5). The Intermediate Court of Appeals (ICA) affirmed, ruling (1) regarding Count VI, the self-defense and defense of others jury instructions were not plainly erroneous; and (2) regarding Count VIII, the circuit court properly refused the time-specific elements instruction and did not err in denying Defendant’s motion to dismiss and motion for judgment of acquittal. The Supreme Court (1) affirmed the ICA’s judgment as to Count VI, holding that the circuit court properly gave the relevant jury instructions; but (2) vacated the lower courts’ judgment as to Count VIII, holding that the circuit court erred in denying Defendant’s motion to dismiss, as the trial testimony of the complaining witness created a material time variance from the State’s response to the notice of alibi, thus undermining the defense that Defendant prepared.