No. 17333.

933 P.2d 1386 (1997)

84 Hawai`i 352

STATE of Hawai`i, Plaintiff-Appellant, v. Norman E. KANG, Jr., Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

March 6, 1997.

Attorney(s) appearing for the Case

Mark R. Simonds, Deputy Prosecuting Attorney, County of Maui, on the briefs, for plaintiff-appellant.

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, on the brief, for defendant-appellee.

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

ACOBA, Judge.

We hold in this appeal by Plaintiff-Appellant State of Hawai`i (the State) that for the reasons set forth herein, the second circuit court (the court) was correct in denying the State's Hawai`i Revised Statutes (HRS) § 706-660.1(3)(d) (1993) motion for a mandatory minimum term of imprisonment for Defendant-Appellee Norman E. Kang, Jr. (Defendant) because the allegation in the State's complaint that Defendant used a "rifle" in the commission of a...

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