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STATE v. MARK

Nos. 26784, 26785.

210 P.3d 22 (2009)

STATE of Hawai`i, Plaintiff-Appellee, v. Shane MARK, Defendant-Appellant (Criminal No. 03-1-0495). State of Hawai`i, Plaintiff-Appellee, v. Shane Mark, Defendant-Appellant (Criminal No. 03-1-0496).

Intermediate Court of Appeals of Hawai`i.

May 8, 2009.

Attorney(s) appearing for the Case

Dwight C.H. Lum, Honolulu, on the briefs, for Defendant-Appellant.

Donn Fudo, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

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

Opinion of the Court by RECKTENWALD, C.J.

I. INTRODUCTION

On March 4, 2003, Honolulu police received a tip concerning Defendant-Appellant Shane Mark. The caller reported that Mark would be at the Baskin-Robbins ice cream parlor in the Kapolei Shopping Center at about noon. Mark was wanted on a warrant in connection with a February 1, 2003 incident in which he allegedly shot Denny Paikai in the leg, and fired shots at John Piko.

A team of plainclothes...

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