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  5. 856 P.2d 1246 (1993)
 

STATE v. LEE

No. 16093.

856 P.2d 1246 (1993)

STATE of Hawaii, Plaintiff-Appellee, v. Sun Na LEE, also known as Sunna Lee, Defendant-Appellant.

Supreme Court of Hawaii.

August 16, 1993.

Attorney(s) appearing for the Case

William A. Harrison, Harrison & Matsuoka, on the briefs, Honolulu, for defendant-appellant Sun Na Lee.

Caroline M. Mee, Deputy Pros. Atty., on the briefs, Honolulu, for plaintiff-appellee State of Hawaii.

Carl M. Varady, ACLU, on the briefs, Honolulu, for amicus curiae American Civil Liberties Union of Hawaii Foundation.

Before MOON, C.J., KLEIN and LEVINSON, JJ., and CRANDALL and HUDDY, Circuit Judges, appointed by reason of vacancies.

MOON, Chief Justice.

Defendant-appellant Sun Na Lee (Lee), subsequent to jury trial, appeals her conviction on five counts of illegally selling drug paraphernalia, in violation of Hawaii Revised Statutes (HRS) § 329-43.5. Because we conclude that the jury instructions in this case were fatally flawed, we vacate Lee's conviction and sentence and remand for new trial.

I. BACKGROUND

Lee is the sole owner and operator of a convenience store...

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