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STATE v. HICKS

No. 27566.

148 P.3d 493 (2006)

STATE of Hawaii`i, Plaintiff-Appellee, v. Gilbert O. HICKS, Defendant-Appellant.

Supreme Court of Hawaii.

December 7, 2006.

Attorney(s) appearing for the Case

Stuart N. Fujioka (of Nishioka & Fujioka), on the briefs, for defendant-appellant.

Christopher D.W. Young and Marcus B. Sierra, Deputy Attorneys General, on the briefs, for plaintiff-appellee.

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

Opinion of the Court by MOON, C.J.

Defendant-appellant Gilbert O. Hicks [hereinafter, Hicks or the Defendant] appeals from the October 11, 2005 judgment of conviction and probation sentence of the Circuit Court of the First Circuit, the Honorable Richard W. Pollack presiding, adjudicating Hicks guilty of and sentencing him for the offense of sexual assault in the third degree, in violation of Hawai`i Revised Statutes (HRS) § 707-732(1)(e) (Supp.2005), quoted...

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