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STATE v. GOMES

No. 16476.

897 P.2d 959 (1995)

79 Hawai`i 32

STATE of Hawai`i, Plaintiff-Appellee, v. Ronald GOMES, Defendant-Appellant.

Supreme Court of Hawai`i.

June 9, 1995.

Attorney(s) appearing for the Case

Anthony L. Ranken, on the briefs, Wailuku, for defendant-appellant.

Mark R. Simonds, Deputy Pros. Atty., on the briefs, Wailuku, for plaintiff-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

KLEIN, Justice.

We granted Ronald Gomes's application for certiorari after the Intermediate Court of Appeals (ICA) affirmed the order of the second circuit court denying Gomes's Hawai`i Rules of Penal Procedure (HRPP) Rule 32(d) motion to withdraw his nolo contendere plea (Motion).1 Based on our review of the record, we vacate the ICA's decision and order that it be depublished.

I. FACTS

Gomes was charged...

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