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STATE v. MARTINEZ

No. 24993.

68 P.3d 606 (2003)

101 Hawai`i 332

STATE of Hawai'i, Plaintiff-Appellee, v. David C. MARTINEZ, Defendant-Appellant.

Supreme Court of Hawaii.

April 30, 2003.

Attorney(s) appearing for the Case

James S. Tabe, Deputy Public Defender, for defendant-appellant.

Donn Fudo, Deputy Prosecuting Attorney, for plaintiff-appellee.

MOON, C.J., LEVINSON and NAKAYAMA, JJ., Circuit Judge ALM, in place of ACOBA J., who is unavailable, and Circuit Judge SAKAMOTO, assigned by reason of vacancy.

Opinion of the Court by LEVINSON, J.

The defendant-appellant David C. Martinez appeals from the judgment of the first circuit court, the Honorable Michael A. Town presiding, adjudging him guilty of manslaughter, in violation of Hawai'i Revised Statutes (HRS) § 707-702(1)(a) (1993),1 and sentencing him to ten years of imprisonment, subject to a mandatory minimum prison term of three years and four months. Martinez urges this court...

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