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STATE v. HIRAYASU

No. 14263.

801 P.2d 25 (1990)

STATE of Hawaii, Plaintiff-Appellee v. Charles Y. HIRAYASU, Defendant-Appellant.

Supreme Court of Hawaii.

November 5, 1990.

Attorney(s) appearing for the Case

Theodore Y.H. Chinn (Raymond F. Fukuhara, with him on the opening brief), Deputy Public Defenders, Honolulu, for defendant-appellant.

Charlotte J. Duarte, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, C.J., HAYASHI, WAKATSUKI and MOON, JJ., and TANAKA, Intermediate Court of Appeals Judge in place of PADGETT, J., recused.

LUM, Chief Judge.

This court is called upon to decide whether one paragraph of the Prohibited Signs ordinance (Revised Ordinances of Honolulu, § 21A-3.90-2(E) (1986)), contained in the Land Use Ordinance of the City and County of Honolulu, violates the Hawaii and federal constitutions. We need not decide that issue, because we find, as an initial matter, that the evidence below was insufficient to convict Appellant Hirayasu of violating the ordinance under which...

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