Opinion of the Court by NAKAYAMA, J.
On June 30, 2005, defendant-appellant-petitioner Reginald Fields ("Fields") filed an application for writ of certiorari to review the published decision of the Intermediate Court of Appeals ("ICA") in State v. Fields, No. 25455, ___ Hawai`i ___, ___ P.3d ___, 2005 WL 1274539 (App.2005) ("the ICA's opinion"), affirming the October 11, 2002 judgment of the family court of the fifth circuit,
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