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STATE v. MILLER

No. 28849.

223 P.3d 157 (2010)

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

Supreme Court of Hawai`i.

As Corrected February 4, 2010.

Attorney(s) appearing for the Case

Hayden Aluli for petitioner/defendant-appellant.

Justine M. Hura, Deputy Prosecuting Attorney, County of Maui (Richard Minatoya, Deputy Prosecuting Attorney, County of Maui also appearing) for respondent/plaintiffappellee.

MOON, C.J., ACOBA, and DUFFY, JJ., and NAKAYAMA, J. dissenting, with whom circuit Judge HIRAI, assigned by reason of vacancy, joins.

Opinion of the Court by ACOBA, J.

In his Application for Writ of Certiorari (Application), Petitioner/Defendant-Appellant Douglas Miller (Petitioner) seeks review of the judgment of the Intermediate Court of Appeals (ICA) filed on October 3, 2008, pursuant to its September 15, 2008 Summary Disposition Order (SDO)1 affirming the October 15, 2007 Judgment of conviction and sentence of probation filed by the family court of the second circuit...

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