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STATE v. BIRANO

No. 25699.

126 P.3d 357 (2006)

109 Hawai'i 314

STATE of Hawai'i, Respondent-Appellee, v. Arthur BIRANO, Petitioner-Appellant.

Supreme Court of Hawai'i.

January 11, 2006.

Attorney(s) appearing for the Case

Jeffrey A. Hawk (of Hawk, Sing & Ignacio) for petitioner-appellant, on the writ.

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

Opinion of the Court by MOON, C.J.

Defendant-appellant Arthur Birano timely petitioned this court for a writ of certiorari to review the Intermediate Court of Appeals' (ICA) published opinion in State v. Birano, No. 25699, 109 Haw. 327, 126 P.3d 370 (Haw.App. Sept. 28, 2005) [hereinafter, opinion]. Therein, the ICA affirmed the February 18, 2003 Judgment of the Circuit Court of the First Circuit...

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