State v. Lee (Concurring Opinion by J. Foley)

CONCURRING OPINION BY FOLEY, J.

I concur that Defendant Marco Lee failed to meet his burden by establishing "specific errors or omissions of defense counsel reflecting counsel's lack of skill, judgment or diligence" and that "these errors or omissions resulted in either the withdrawal or substantial impairment of a potentially meritorious defense." State v. Antone, 62 Haw. 346, 348-49, 615 P.2d 101, 104 (1980). However I cannot, based solely on the record on appeal, join in the majority's conclusions regarding defense counsel's strategies and tactics.