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STATE v. FAGARAGAN

No. 27938.

167 P.3d 739 (2007)

STATE of Hawai`i, Plaintiff-Appellee, v. Erwin E. FAGARAGAN, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

September 10, 2007.

Attorney(s) appearing for the Case

Earle A. Partington, on the briefs, Honolulu, for Defendant-Appellant.

Peter A. Hanano, First Deputy Prosecuting Attorney, County of Maui, on the briefs, for Plaintiff-Appellee.

RECKTENWALD, C.J., WATANABE and NAKAMURA, JJ.

Opinion of the Court by RECKTENWALD, C.J.

On May 18, 2003, Defendant-Appellant Erwin E. Fagaragan (Fagaragan) was stopped by Maui police while driving his car. Officers found $8,649.00 in the pockets of Fagaragan's pants, and later recovered a bag from the car that contained approximately 5.46 ounces of methamphetamine in 34 plastic packets, a digital scale and a pipe. Fagaragan was charged with: (1) Promoting a Dangerous...

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