MOON, Chief Justice.
Petitioner-appellant Richard I. Dan appeals from the Second Circuit Court's orders denying his Hawai`i Rules of Penal Procedure (HRPP) Rule 40 petition and request for court-appointed counsel. Dan was previously convicted of assault in the third degree, a misdemeanor, in violation of Hawai`i Revised Statutes (HRS) § 707-712(1)(a) (1985),
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