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STATE v. SHERMAN

No. 12955.

770 P.2d 789 (1989)

STATE of Hawaii, Plaintiff-Appellee, v. Randall SHERMAN, Defendant-Appellant.

Supreme Court of Hawaii.

As Amended April 10, 1989.

Attorney(s) appearing for the Case

Douglas J. Sameshima, Wailuku, Maui, for defendant-appellant.

Gregory N. Dolton, Deputy Pros. Atty., Wailuku, Maui, for plaintiff-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

PADGETT, Justice.

Appellant was convicted of two counts of Sexual Abuse in the First Degree, HRS § 707-736(1)(b) and one count of Sodomy in the Second Degree, HRS § 707-734(1)(b). We affirm the conviction under Count I, one of the two counts for Sexual Abuse in the First Degree, but reverse the conviction under Counts II & III, being one count of Sexual Abuse in the First Degree, and one count of Sodomy in the Second Degree, and remand for a new trial...

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