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STATE v. McELROY

No. 25190.

97 P.3d 1004 (2004)

105 Haw. 352

STATE of Hawai`i, Petitioner-Appellee, v. Jason McELROY, Respondent-Appellant.

Supreme Court of Hawai`i.

September 23, 2004.

Attorney(s) appearing for the Case

Loren J. Thomas, Deputy Prosecuting Attorney, for petitioner-appellee, on the writ.

Edward K. Harada, Deputy Public Defender, for respondent-appellant.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; ACOBA, J., Dissenting.

Opinion of the Court by MOON, C.J.

On August 2, 2004, this court granted the application for writ of certiorari by petitioner-appellee State of Hawai'i (the prosecution), wherein it requests that this court review the June 29, 2004 published opinion of the Intermediate Court of Appeals (ICA) vacating Jason McElroy's June 7, 2002 judgment of conviction and sentence by the Circuit Court of the First Circuit, the Honorable Richard K. Perkins presiding. The prosecution...

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