 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Cabral5/14/1991
-> provides, in relevant part, as follows:
Persistent nonsupport. (1) A person commits the offense of persistent nonsupport if he knowingly and persistently fails to provide support which he can provide and which he knows he is legally obliged to provide to a spouse, child, or other dependent.
(2) "Support" includes but is not limited to food, shelter, clothing, education, and other necessary care as determined by law.
As originally proposed in 1971, HRS § 709-903(2)'s definition of "support" included "medical attention." When § 709-903(2) was finally approved by the legislature in 1972, the words "medical attention" were omitted. According to the conference committee, it "agreed to the deletion of the words 'medical attention' as a requisite of the term 'support' in order to avoid penalizing the free exercise of certain religions." Hse. Conf. Comm. Rep. No. 2, in 1972 House Journal, at 1045; Sen. Conf. Comm. Rep. No. 2-72, in 1972 Senate Journal, at 744.
Only a clear showing of contrary intention from legislative history will justify a limitation on the plain meaning of statutory language. Kaiama v. Aguilar , 67 Haw. 549, 554, 696 P.2d 839, 842 (1985). If the legal dictionary's definition of "support" did not include "medical attention" or "medical assistance," Clifford's argument that the legislature's express non-inclusion was an exclusion might have some merit. In the absence of their express exclusion, it is reasonable to conclude that the word "support" as used in HRS § 709-903(2) includes "medical attention" and "medical assistance." The only possible exception is when the exercise of religion is involved.
At the trial, it was undisputed that Michael's natural father, who lived in Seattle, Washington, was reasonably unable to provide the necessary assistance. However, Clifford disputed the State's allegation that because of Clifford's actions, Michelle was reasonably unable to provide the reasonably necessary and available medical services. The jury was not instructed to decide this material question of fact. Therefore, the jury instructions were materially and prejudicially insufficient. State v. Correa , 5 Haw. App. 644, 706 P.2d 1321 (1985).
Conclusion
Accordingly, we vacate the family court's March 14, 1990 Judgment sentencing defendant Clifford Cabral to incarceration for life for the offense of Murder.
If the State decides to retry Clifford of Count II for murder by voluntarily omitting to perform a duty imposed by law, it may do so. If the Count II verdict finds Clifford not guilty or guilty of a crime less serious than manslaughter, the family court shall sentence Clifford on the Count I manslaughter verdict. If the Count II verdict finds Clifford guilty of manslaughter, the family court shall sentence Clifford on either the Count I or the Count II manslaughter verdict. If the Count II verdict finds Clifford guilty of murder, the family court shall sentence Clifford on the Count II murder verdict.
If the State decides not to retry Clifford under Count II for murder by voluntarily omitting to perform a duty imposed by law, the family court shall sentence Clifford on the Count I manslaughter verdict. See State v. LaTourelle , 343 N.W.2d 277, 284 (Minn. 1984).
We remand for further proceedings consistent with this opinion.
Disposition
We remand for further proceedings consistent with this opinion.
|