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STATE v. WERLE

No. 28653.

218 P.3d 762 (2009)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. William Edward WERLE, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

November 3, 2009.

Attorney(s) appearing for the Case

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

Justine Hura, Deputy Prosecuting Attorney, County of Maui, for respondent/plaintiff-appellee.

MOON, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ. and Circuit Judge CHAN, in place of RECKTENWALD, J., recused.

Opinion of the Court by DUFFY, J.

On July 29, 2009, this court accepted a timely application for a writ of certiorari filed on June 22, 2009 by petitioner/defendant-appellant William Edward Werle (Werle) seeking review of the March 25, 2009 judgment of the Intermediate Court of Appeals (ICA) based on its March 11, 2009 Memorandum Opinion (Mem.Op.) in State v. Werle, No. 28653, 2009 WL 633079 (App.2009). The ICA's Mem. Op. affirmed the July 12, 2007 judgment...

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