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STATE v. ORTIZ

No. 21971.

981 P.2d 1127 (1999)

91 Hawai`i 181

STATE of Hawai`i, Plaintiff-Appellee, v. Michael Wayne ORTIZ, Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended August 27, 1999.

As Amended on Grant of Reconsideration September 17, 1999.

Attorney(s) appearing for the Case

David Kuwahara, on the briefs, Hilo, for the defendant-appellant Michael Wayne Ortiz.

Diane A. Noda, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee State of Hawai`i.

MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, and RAMIL, JJ.

Opinion of the Court by LEVINSON, J.

The defendant-appellant Michael Wayne Ortiz appeals from the judgment of the third circuit court, filed on August 28, 1998, convicting him of one count of theft in the second degree, in violation of HRS § 708-831(1)(b) (1993).1 Ortiz asserts the following points of alleged error: (1) the circuit court judge should have recused herself for reasons of personal...

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