(Download) "Briones V. Hawaii" by Hawaii Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Briones V. Hawaii
- Author : Hawaii Supreme Court
- Release Date : January 31, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Petitioner Isagani P. Briones (Petitioner) seeks review of a circuit court order dismissing his Hawaii Rules of Penal Procedure (HRPP) Rule 40 petition, which sought to vacate his conviction of attempted first degree murder in violation of Hawaii Revised Statutes (HRS) §§ 705-500 (1985) and 707-701(1)(a) (Supp. 1992). Relying on our opinion in State v. Briones , 71 Haw. 86, 784 P.2d 860 (1989), the trial court determined that the petition was frivolous and thus no evidentiary hearing was held. See HRPP 40(f).*fn1 In Briones, we reversed Petitioner's convictions of attempted second degree murder and second degree murder, in violation of HRS §§ 705-500 and 707-701.5 (Supp. 1992). Later, the circuit court dismissed both charges in accordance with our instructions. Our affirmance of petitioner's conviction and sentence for attempted first degree murder yielded the petition, the dismissal of which we now review. Because we agree with Petitioner in certain respects, we reverse his conviction of attempted first degree murder and remand to circuit court for a new trial. Although the facts of this case are ably set out in State v. Briones, supra, a brief summary is useful.
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