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STATE v. GOMES

No. 27906.

177 P.3d 928 (2008)

STATE of Hawai`i, Respondent/Plaintiff-Appellee v. Keith Daniels GOMES, Petitioner/Defendant-Petitioner/Defendant-Appellant.

Supreme Court of Hawaii.

February 20, 2008.

Attorney(s) appearing for the Case

Phyllis J. Hironaka, Deputy Public Defender, for petitioner/defendant-appellant.

Donn Fudo, Deputy Prosecuting Attorney, City and County of Honolulu, for respondent/plaintiff-appellee.

MOON, C.J., LEVINSON, ACOBA, and DUFFY, JJ.; and NAKAYAMA, Dissenting.

Opinion of the Court by ACOBA, J.

Petitioner/Defendant-Appellant Keith Daniels Gomes (Petitioner) filed an application for writ of certiorari on October 31, 2007, seeking review of the judgment of the Intermediate Court of Appeals (the ICA) filed on August 2, 2007, pursuant to its Summary Disposition Order (SDO) filed on July 11, 2007,1 affirming the March 28, 2006 judgment of the first circuit court2 (the...

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