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STATE v. MONTALBO

No. 15302.

828 P.2d 1274 (1992)

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

Supreme Court of Hawaii.

March 27, 1992.

Attorney(s) appearing for the Case

Carolyn Burton, Parton & Burton, Wailuku, for defendant-appellant.

James T. Carter, Deputy Pros. Atty., Office of Pros. Atty., Wailuku, for plaintiff-appellee.

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

LUM, Chief Justice.

Defendant-appellant Charles Montalbo (appellant) was convicted of Assault in the Second Degree, Hawaii Revised Statutes (HRS) § 707-711(1)(d), Attempted Sexual Assault in the First Degree, HRS §§ 705-500 and 707-730(1)(a), and Sexual Assault in the First Degree, HRS § 707-730(1)(a). On appeal, he claims that Circuit Court Judge Boyd P. Mossman improperly lifted a discovery sanction previously imposed by Judge E. John McConnell...

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