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STATE v. DEMELLO

No. SCWC-10-0000173.

361 P.3d 420 (2015)

136 Haw. 193

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

Supreme Court of Hawai`i.

November 2, 2015.

Attorney(s) appearing for the Case

Artemio C. Baxa, Wailuku, for petitioner.

Audrey E. Stanley, (Jennifer D.K. Ng on the briefs), for respondent.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., with POLLACK, J., dissenting, with whom Circuit Judge PERKINS, in place of ACOBA, J., Recused, Joins.

Petitioner/Plaintiff-Appellee the State of Hawai`i (State) has asked this court to determine whether the Intermediate Court of Appeals (ICA) gravely erred when it held that lost wages may not be awarded as restitution pursuant to HRS § 706-646 (Supp.2006). We hold that HRS § 706-646 permits restitution...

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