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STATE v. FARIA

No. 24035.

60 P.3d 333 (2002)

100 Hawai`i 383

STATE of Hawai`i, Plaintiff-Appellee, v. Gary FARIA, Defendant-Appellant.

Supreme Court of Hawai`i.

December 30, 2002.

Attorney(s) appearing for the Case

Lyle S. Hosoda, Honolulu, Raina P.B. Mead, and Shelley Tamekazu, on the briefs, for defendant-appellant.

Donn Fudo, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

MOON, C.J., and LEVINSON, J.; NAKAYAMA, J., concurring and dissenting; RAMIL, J. concurring in part and dissenting in part; ACOBA, J., concurring in part with RAMIL, J. and dissenting to the decision of MOON, C.J.

Opinion by MOON, C.J.

Defendant-appellant Gary Faria appeals from the January 11, 2001 judgment of conviction and sentence of the Circuit Court of the First Circuit, the Honorable Gerald H. Kibe presiding, adjudging him guilty of Unauthorized Entry into Motor Vehicle (UEMV), in violation of Hawai`i Revised Statutes (HRS) § 708-836.5 (2000), which states in pertinent part:

[a] person commits the offense of unauthorized entry into motor vehicle if the...

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