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STATE v. YAMADA

No. 26506.

122 P.3d 254 (2005)

108 Hawai`i 474

STATE of Hawai`i, Plaintiff-Appellant, v. Kaleokalani YAMADA, Defendant-Appellee.

Supreme Court of Hawaii.

October 21, 2005.

Attorney(s) appearing for the Case

James M. Anderson, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellant.

Harrison L. Kiehm, on the briefs, for defendant-appellee.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ.; ACOBA, J., Dissenting; DUFFY, J., Dissenting.

Opinion of the Court by MOON, C.J.

Plaintiff-appellant State of Hawai`i [hereinafter, the prosecution] appeals from the March 15, 2004 findings of fact, conclusions of law and order of the Circuit Court of the First Circuit, the Honorable Michael A. Town presiding, granting a new trial to defendant-appellee Kaleokalani Yamada, who had been convicted of two counts of robbery in the first degree, in violation of Hawai`i Revised Statutes (HRS) § 708-840(1)(b)(i...

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