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NO. 23642

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAII, Plaintiff-Appellee, v. LANCE KANESHIRO, Defendant-Appellant APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 99-1437) MEMORANDUM OPINION (By: Watanabe, Acting C.J., Lim and Foley, JJ.) Defendant-Appellant Lance Kaneshiro (Kaneshiro) appeals the July 10, 2000 judgment of the circuit court of the first circuit1 that convicted him of assault in the first degree and sentenced him to a ten-year indeterminate term of imprisonment. We affirm. I. Issues Presented on Appeal.

On appeal, Kaneshiro presents the following issues. First, whether the court committed plain error in allowing him to proceed pro se. Next, whether the court committed plain error in

failing to conduct a proceeding to determine whether he was fit to proceed. Third, whether the court erred in refusing his

request to subpoena surveillance videotapes from the bank where the incident in question occurred. Fourth, whether the court

1 The Honorable John C. Bryant, Jr. presided over Lance Kaneshiro's (Kaneshiro) jury trial.

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committed plain error in permitting the State's expert witnesses to opine on the etiology of the injuries suffered by the alleged victim. Next, whether the court erred in convicting him of

assault in the first degree where there was insufficient evidence at trial to support the conviction. Sixth, whether the court

erred in denying his motion for a new trial, that was based upon, inter alia, the prosecutor's alleged misconduct in violating the court's rulings in limine barring (1) admission of evidence of the alleged victim's drug abuse, (2) admission of evidence of Kaneshiro's drug abuse, (3) admission of evidence of Kaneshiro's prior abuse of the alleged victim, and (4) the use of the term "victim." And finally, whether Kaneshiro's standby counsel

provided ineffective assistance of counsel by (1) failing to subpoena the alleged victim's son to corroborate her testimony about how she sustained her injuries, (2) failing to provide expert witnesses to testify on Kaneshiro's behalf, and (3) failing to object to inadmissible testimony that standby counsel knew was inadmissible. II. Background.

On July 28, 1999, the State filed a complaint against Kaneshiro:
On or about the 20th day of July, 1999, in the City and County of Honolulu, State of Hawaii, LANCE KANESHIRO did intentionally or knowingly cause serious bodily injury to Sharon Velasco, thereby committing the offense of Assault in the First Degree, in violation of Section 707-710 of the Hawaii Revised Statutes.

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On September 15, 1999, the State filed an amended complaint in order to reflect an alias for Kaneshiro. Hawaii Revised Statutes (HRS)

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Hawaii Law