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STATE v. BOROCHOV

No. 18016.

948 P.2d 604 (1997)

86 Hawai`i 183

STATE of Hawai`i, Plaintiff-Appellee, v. Amir BOROCHOV, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Amended November 6, 1997.

Attorney(s) appearing for the Case

Dwight C.H. Lum, on the briefs, Honolulu, for defendant-appellant.

James H.S. Choi, Deputy Prosecuting Attorney, City and County of Honolulu, on the brief, Honolulu, for plaintiff-appellee.

Before WATANABE, ACOBA and KIRIMITSU, JJ.

ACOBA, Judge.

We hold that in Hawai`i Revised Statutes (HRS) § 708-830(6)(a) (1985) the phrase "whether from the property or its proceeds or from the [defendant's] own property reserved in equivalent amount" qualifies the defendant's obligation to make a specified payment or other disposition from property he or she obtained, and, therefore, describes part of the attendant circumstances of the theft offense defined under subsection (6)(a).

Because the...

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