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STATE v. SUGIYAMA

No. 13954.

791 P.2d 1266 (1990)

STATE of Hawaii, Plaintiff-Appellee, v. John SUGIYAMA, also known as John Sungiyama, John Sumany, Keoni and Jim, Defendant-Appellant.

Supreme Court of Hawaii.

May 18, 1990.

Attorney(s) appearing for the Case

Theodore Y.H. Chinn, Office of the Public Defender, Honolulu, Hawaii, for defendant-appellant.

Charlotte J. Duarte, Office of the Pros. Atty., Honolulu, Hawaii, for plaintiff-appellee.

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

PADGETT, Justice.

Defendant-Appellant John Sugiyama (appellant) was convicted by a jury of one count of kidnapping (Hawaii Revised Statutes (HRS) § 707-720(1)(d)), three counts of sexual assault in the first degree (HRS § 707-730(1)(a)), and one count of sexual assault in the third degree (HRS § 707-732(1)(e)).

On a motion for new trial, the trial court found that during voir dire, one of the jurors was asked: "Will you hold it against the defendant...

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