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STATE v. WHITNEY

No. 17378.

912 P.2d 596 (1996)

81 Hawai`i 99

STATE of Hawai`i, Plaintiff-Appellee, v. Don Lee WHITNEY, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

March 1, 1996.

Attorney(s) appearing for the Case

Richard N. Wurdeman, Deputy Public Defender, on the briefs, Honolulu, for defendant-appellant.

Lori W.L. Chang, Deputy Prosecuting Attorney, City and County of Honolulu, on the brief, Honolulu, for plaintiff-appellee.

Before BURNS, C.J., and WATANABE and ACOBA, JJ.

ACOBA, Judge.

On June 14, 1993, Defendant-Appellant Don Lee Whitney (Defendant) was convicted in a bench trial of violating Hawai`i Revised Statutes (HRS) § 712-1217 (1993), the "open lewdness" statute. HRS § 712-1217 states:

Open lewdness. (1) A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be...

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