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STATE v. MAUGAOTEGA

No. 26657.

168 P.3d 562 (2007)

STATE of Hawai`i, Plaintiff-Appellee, v. Miti MAUGAOTEGA, Jr., Defendant-Appellant.

Supreme Court of Hawai`i.

October 1, 2007.

Attorney(s) appearing for the Case

James M. Anderson, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee.

State of Hawai`i Karen T. Nakasone, Deputy Public Defender, on the briefs, for the defendant-appellant Miti Maugaotega, Jr.

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

Opinion of the Court by LEVINSON, J.

On February 20, 2007, on petition for a writ of certiorari, the United States Supreme Court vacated the judgment of this court in State v. Maugaotega, 107 Haw. 399, 114 P.3d 905 (2005) (Maugaotega I), in which this court affirmed the defendant-appellant Miti Maugaotega, Jr.'s extended terms of imprisonment, and ordered that we reconsider Maugaotega...

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