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STATE v. KAHAPEA

No. 27278.

141 P.3d 440 (2006)

STATE of Hawai`i, Plaintiff-Appellee, v. Michael KAHAPEA, Defendant-Appellant, and Norman Tam, Russell Williams, also known as R.J. Williams and Russell Williams, doing business as R.J., Hauling, Claude Hebaru, also known as Claude Hebaru doing business as Titan Moving and Hauling, Donald Hall, Sr., also known as Donald Hall, Sr., doing business as A-1 Hawaii Trucking and Equipment, Donna Hashimoto-Abelaye, also known as Donna Abelaye, doing business as Specialty Pacific Builders, Inc., David Brian Kaahaaina, also known as David Brian Kaahaaina, doing business as American Hauling, and Stephen Swift, Defendants.

Supreme Court of Hawaii.

August 9, 2006.

Attorney(s) appearing for the Case

Richard Naiwieha Wurdeman, on the briefs, for defendant-appellant, Michael Kahapea

Donn Fudo, deputy prosecuting attorney, on the briefs, for plaintiff-appellee, State of Hawai`i.

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

Opinion of the Court by LEVINSON, J.

The defendant-appellant Michael Kahapea appeals from the April 7, 2005 order of the circuit court of the first circuit, the Honorable Reynaldo D. Graulty presiding, denying Kahapea's February 7, 2005 motion pursuant to Hawai`i Rules of Penal Procedure (HRPP) Rule 35, for correction and/or reduction of the sentence imposed by the circuit court's October 19, 2000 judgment.1

On appeal, Kahapea...

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