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STATE v. JUMILA

No. 19898.

950 P.2d 1201 (1998)

87 Hawai`i 1

STATE of Hawai`i, Plaintiff-Appellee, v. Clemente B. JUMILA, Jr., aka "Junior," Defendant-Appellant

Supreme Court of Hawai`i.

February 3, 1998.

Attorney(s) appearing for the Case

James Biven, on the briefs, Kailua Kona, for defendant-appellant.

Melvin H. Fujino, Deputy Prosecuting Attorney (Harold Schwartz, Law Clerk, assisting), on the briefs, for plaintiff-appellee.

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

KLEIN, Justice.

Defendant-appellant Clemente B. Jumila, Jr., appeals the Third Circuit Court's denial of his motion to reduce sentence and correct illegal sentence pursuant to Hawai`i Rules of Penal Procedure (HRPP) Rule 35. For the reasons set forth below, we vacate the circuit court's denial of Jumila's HRPP Rule 35 motion and reverse Jumila's conviction and sentence on the Hawai`i Revised Statutes (HRS) § 134-6(a) charge.

I. BACKGROUND

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