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STATE v. ASSAYE

No. 29078.

216 P.3d 1227 (2009)

STATE of Hawai`i, Respondent-Plaintiff-Appellee v. Abiye ASSAYE, Petitioner-Defendant-Appellant.

Supreme Court of Hawai`i.

September 30, 2009.

Attorney(s) appearing for the Case

Summer M.M. Kupau, (James S. Tabe, on the briefs), Deputy Public Defenders, for petitioner-defendant-appellant.

Brian R. Vincent, Deputy Prosecuting Attorney, for respondent-plaintiff-appellee.

MOON, C.J., NAKAYAMA, and DUFFY, JJ., Circuit Judge MARKS, in Place of RECKTENWALD, J., Recused, and ACOBA, J., Concurring Separately.

Opinion of the Court by NAKAYAMA, J.

Petitioner-Defendant-Appellant, Abiye Assaye ("Assaye"), has applied for a writ of certiorari from the Intermediate Court of Appeals' ("ICA") January 13, 2009 summary disposition order affirming the District Court of the First Circuit's ("trial court's")1 judgment convicting Assaye of the offense of excessive speeding, in violation of Hawai`i Revised Statutes (HRS) § 291C-105(a)(1) and/or (a)(2...

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