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STATE v. PULSE

No. 16726.

925 P.2d 797 (1996)

83 Hawai`i 229

STATE of Hawai`i, Plaintiff-Appellee, v. Emil R. PULSE, Defendant-Appellant.

Supreme Court of Hawaii.

As Amended September 23, 1996.

As Amended on Partial Grant of Reconsideration October 14, 1996.

Attorney(s) appearing for the Case

Richard T. Pafundi, on the briefs, Honolulu, for defendant-appellant.

Caroline M. Mee, Deputy Prosecuting Attorney, on the briefs, Honolulu, for plaintiffappellee.

MOON, C.J., KLEIN, LEVINSON and RAMIL, JJ., and TOWN, Circuit Judge in place of NAKAYAMA, J., recused.

KLEIN, Justice.

Defendant-Appellant Emil R. Pulse was convicted of violating Hawai`i Revised Statutes (HRS) §§ 134-6(a) and 134-6(b).1 For the reasons set forth below, we (1) reverse Pulse's HRS § 134-(6)(a) conviction and sentence and (2) vacate and remand Pulse's HRS § 134-6(b) conviction and sentence for proceedings consistent with this opinion.

I. BACKGROUND

On February 27, 1991, a complaint...

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