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STATE v. HERBERT

No. 26771.

145 P.3d 751 (2006)

STATE of Hawai`i, Plaintiff-Appellee, v. Rodney A. HERBERT, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

June 29, 2006.

Attorney(s) appearing for the Case

Matthew S. Kohm, Wailuku, on the briefs, for Defendant-Appellant.

Arleen Y. Watanabe, Deputy Prosecuting Attorney, County of Mau`i, on the briefs, for Plaintiff-Appellee.

BURNS, C.J., FOLEY and NAKAMURA, JJ.

Opinion of the Court by FOLEY, J.

Defendant-Appellant Rodney A. Herbert (Herbert) appeals from the Order of Resentencing/Revocation of Probation filed on July 23, 2004 in the Circuit Court of the Second Circuit (circuit court).1 As points of error, Herbert contends the circuit court erred when it granted on August 11, 2004 the Order Revoking Probation and Resentencing Defendant and denied on August...

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