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STATE v. PLICHTA

No. 27294.

172 P.3d 512 (2007)

STATE of Hawai`i, Plaintiff-Appellee-Respondent, v. James George PLICHTA, Defendant-Appellant-Petitioner.

Supreme Court of Hawai`i.

As Corrected December 6, 2007.

Attorney(s) appearing for the Case

Karen T. Nakasone, Deputy Public Defender, for the defendant-appellant-petitioner James George Plichta, on the briefs and the application.

James M. Anderson, Deputy Prosecuting Attorney, for the plaintiff-appellee-respondent State of Hawai`i, on the briefs.

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

Opinion of the Court by LEVINSON, J.

We accepted the plaintiff-appellant-petitioner James George Plichta's application for a writ of certiorari in order to review the summary disposition order (SDO) of the Intermediate Court of Appeals (ICA) in State v. Plichta, 112 Haw. 471, 146 P.3d 631 (App. 2006). The ICA affirmed the judgment of the first circuit court, the Honorable Karl K. Sakamoto presiding, convicting Plichta of first...

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