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STATE v. CALBERO

No. 13549.

785 P.2d 157 (1989)

STATE of Hawaii, Plaintiff-Appellee, v. Carlos CALBERO, Defendant-Appellant.

Supreme Court of Hawaii.

December 28, 1989.

Attorney(s) appearing for the Case

Benjamin B. Cassiday, III, Honolulu, for defendant-appellant.

Vickie L. Silberstein, Office of the Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, C.J., NAKAMURA, PADGETT and WAKATSUKI, JJ., and BURNS, Intermediate Court of Appeals Chief Judge, in place of HAYASHI, J., recused.

PADGETT, Justice.

This is an appeal, after a jury trial, from convictions of sexual assault in the second degree and sexual assault in fourth degree. Because of errors in evidentiary rulings by the trial court, we reverse and remand for a new trial.

The indictment under which defendant-appellant Carlos Calbero (appellant) was charged read as follows:

The Grand Jury charges: COUNT I: On or about the 29th day of January, 1988, in the...

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