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STATE v. ROSS

No. 20901

974 P.2d 11 (1998)

89 Hawai`i 371

STATE of Hawai`i, Petitioner-Appellee, v. Henry ROSS, Respondent-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied January 11, 1999.

As Amended May 25, 1999.

Attorney(s) appearing for the Case

Caroline M. Mee, Special Deputy Prosecuting Attorney, on the briefs, for petitioner-appellee.

Jon N. Ikenaga, Deputy Public Defender, on the briefs, for respondent-appellant

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

Opinion of the Court by NAKAYAMA, J.

We granted certiorari to review the memorandum opinion of the Intermediate Court of Appeals (ICA), filed on August 27, 1998. The ICA vacated the trial court's conviction of respondent-defendant-appellant Henry Ross (Ross) on one count of harassment and remanded for a new trial. The ICA also held that: 1) the complaint sufficiently apprised Ross of the charges against him; 2) the trial court denied Ross his right to presentence...

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