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STATE v. McELROY

No. 25190.

98 P.3d 250 (2004)

105 Haw. 379

STATE of Hawai'i, Plaintiff-Appellee, v. Jason McELROY, Defendant-Appellant.

Intermediate Court of Appeals of Hawai'i.

Certiorari Granted August 2, 2004.

Attorney(s) appearing for the Case

Loren J. Thomas, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

Edward K. Harada, Deputy Public Defender, on the briefs, for Defendant-Appellant.

BURNS, C.J., and WATANABE, J.; and NAKAMURA, J., dissenting.

Opinion of the Court by BURNS, C.J.

Jason McElroy (McElroy or Defendant) appeals from the June 7, 2002 Judgment of the First Circuit Court1 convicting him of Sexual Assault in the Third Degree, Hawaii Revised Statutes (HRS) § 707-732(1)(a) (1993)2, and sentencing him to probation for five years, subject to special terms and conditions. We vacate the June 7, 2002...

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