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STATE v. GOMES

No. 22377.

995 P.2d 314 (2000)

93 Hawai`i 13

STATE of Hawai`i, Plaintiff-Appellee, v. John D. GOMES, Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended March 23, 2000.

Attorney(s) appearing for the Case

Hayden Aluli, on the briefs, Honolulu, for the defendant-appellant John D. Gomes.

Loren J. Thomas, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee State of Hawai`i.

MOON, C.J., LEVINSON, NAKAYAMA, and RAMIL, JJ., and Circuit Court Judge TOWN, Assigned by Reason of Vacancy.

Opinion of the Court by LEVINSON, J.

The defendant-appellant John D. Gomes appeals from the judgment, guilty conviction, and sentence of the first circuit court, filed on February 9, 1999. On appeal, Gomes argues that the circuit court: (1) plainly erred when the presiding judge failed to recuse himself sua sponte; (2) plainly erred in failing to engage Gomes in a colloquy regarding his right to an impartial tribunal; (3) plainly erred in failing to give the...

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