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STATE v. CORDER

No. 28877.

220 P.3d 1032 (2009)

STATE of Hawai`i, Petitioner/Plaintiff-Appellee, v. Lawrence CORDER, Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied December 23, 2009.

Attorney(s) appearing for the Case

Delanie D. Prescott-Tate, Deputy Prosecuting Attorney, for petitioner/plaintiff-appellee.

Walter R. Schoettle, Honolulu, for respondent/defendant-appellant.

NAKAYAMA, DUFFY, and RECKTENWALD, JJ.; and ACOBA, J., Dissenting, with whom MOON, C.J., Joins.

Opinion of the Court by DUFFY, J.

Petitioner/Plaintiff-Appellee the State of Hawai`i (State) filed a timely application for writ of certiorari (Application), urging this court to review the Intermediate Court of Appeals' (ICA) May 21, 2009 judgment on appeal in support of its March 31, 2009 summary disposition order (SDO). The SDO vacated the Family Court of the First Circuit's (Family Court) Judgment of Conviction and Sentence...

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