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STATE v. HIGA

No. 30546.

269 P.3d 782 (2012)

126 Haw. 247

STATE of Hawai'i, Plaintiff-Appellee, v. Matthew HIGA, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

January 31, 2012.

Attorney(s) appearing for the Case

Lila Barbara Kanae, on the briefs, for Defendant-Appellant.

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

NAKAMURA, C.J., FUJISE and REIFURTH, JJ.

Opinion of the Court by FUJISE, J.

Defendant-Appellant Matthew Higa (Higa) appeals from the May 5, 2010 judgment of conviction and sentence, entered in the Circuit Court of the First Circuit (circuit court),1 convicting him of second-degree murder, in violation of Hawai`i Revised Statutes (HRS) § 707-701.5 (1993).

Higa was found guilty in a bench trial of throwing 23-month-old Cyrus Belt (the child) to his death on the HI...

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