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STATE v. FUKUSAKU

No. 19281.

946 P.2d 32 (1997)

85 Hawai`i 462

STATE of Hawai`i, Plaintiff-Appellee/Cross-Appellant, v. Raita FUKUSAKU, Defendant-Appellant/Cross-Appellee.

Supreme Court of Hawai`i.

Reconsideration Denied October 9, 1997.

Addendum Remanding Case October 16, 1997.

Attorney(s) appearing for the Case

Michael K. Tanigawa (Keith S. Agena with him on the briefs, of Char, Sakamoto, Ishii & Lum), Honolulu, for defendant-appellant/cross-appellee.

Caroline M. Mee, Deputy Prosecuting Attorney, Honolulu, for plaintiff-appellee/cross-appellant.

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

RAMIL, Justice.

Defendant-Appellant/Cross-Appellee Raita Fukusaku (Defendant) appeals his convictions and sentences on two counts of murder in the second degree, in violation of Hawaii Revised Statutes (HRS) § 707-701.5 (1993).1 Plaintiff-Appellee/Cross-Appellant State of Hawai`i (the Prosecution) cross-appeals various orders of the circuit court entered in the course of the proceedings. Pursuant to the procedure established in

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