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STATE v. MATTSON

No. 29170.

226 P.3d 482 (2010)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Joseph MATTSON, III, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

March 18, 2010.

Attorney(s) appearing for the Case

Susan L. Arnett (James S. Tabe, on the application), Deputy Public Defenders, for petitioner/defendant-appellant.

Anne K. Clarkin, Deputy Prosecuting Attorney, for respondent/plaintiff-appellee.

MOON, C.J., NAKAYAMA, and RECKTENWALD, JJ.; ACOBA, J., dissenting, with whom DUFFY, J., joins.

Opinion of the Court by MOON, C.J.

On October 14, 2009, this court accepted a timely application for a writ of certiorari, filed on September 9, 2009, by petitioner/defendant-appellant Joseph Mattson, III, seeking review of the Intermediate Court of Appeals' (ICA) June 12, 2009 judgment on appeal, entered pursuant to its May 21, 2009, summary disposition order (SDO). Therein, the ICA affirmed the Circuit Court of the First Circuit's1 April...

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