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STATE v. NICHOLS

No. 26870.

141 P.3d 974 (2006)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Tracy NICHOLS, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

Order Denying Reconsideration and Opinion dissenting from Denial of Reconsideration August 25, 2006.

Attorney(s) appearing for the Case

Deborah L. Kim, Deputy Public Defender, on the application and supplemental briefs, for petitioner/defendant-appellant Tracy Nichols.

Peter A. Hanano, Deputy Prosecuting Attorney, on the application and supplemental briefs, for respondent/plaintiff-appellee State of Hawai`i.

Girard D. Lau, Honolulu, and Kimberly Tsumoto, for plaintiff-appellee State of Hawai`i, on the motion.

LEVINSON, ACOBA, and DUFFY, JJ.; with NAKAYAMA, J., concurring separately and dissenting, with whom MOON, C.J., joins.

Opinion of the Court by DUFFY, J.

On January 30, 2006, petitioner/defendant-appellant Tracy Nichols filed an application for a writ of certiorari, requesting that this court review the published decision of the Intermediate Court of Appeals (ICA) in State v. Nichols, No. 26870, ___ Hawai`i ___, ___ P.3d ___, 2005 WL 3560602 (Haw.App. December 29, 2005) [hereinafter, ICA's Opinion], affirming the September 7, 2004 judgment of conviction and sentence of five...

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