(DOWNLOAD) "State V. Cabrera" by Hawaii Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Cabrera
- Author : Hawaii Supreme Court
- Release Date : January 18, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The defendant-appellant Mario Cabrera appeals from his conviction of theft in the second degree, in violation of Hawaii Revised Statutes (HRS) § 708-831(1)(b) (1993 & Supp. 1998). *fn1 On appeal, Cabrera contends that the circuit court reversibly erred (1) by failing properly to instruct the jury regarding (a) the state of mind as to the value of the property requisite to convict Cabrera of second degree theft and (b) the defenses of ignorance or mistake of fact, and (2) by admitting evidence, precluded by Hawaii Rules of Evidence (HRE) Rules 404(b) (Supp. 1998) *fn2 and 403 (1993), *fn3 that the security guards investigating the theft commenced surveillance of Cabrera based on their recognition of him in connection with prior bad acts. We agree that the jury instructions given in this matter inadequately apprised the jury that, in order to convict Cabrera of second degree theft, the prosecution was required to prove beyond a reasonable doubt that Cabrera intended to obtain property valued in excess of $300.00, i.e., that Cabrera possessed the requisite state of mind with respect to the attendant circumstance of -1-"value." Accordingly, we reverse Cabrera's conviction and remand this matter to the circuit court for a new trial.
 "State V. Cabrera" by Hawaii Supreme Court # eBook PDF Kindle ePub Free){kind=link}