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STATE v. TAFOYA

No. 21766.

982 P.2d 890 (1999)

91 Hawai`i 261

STATE of Hawai`i, Plaintiff-Appellee, v. Elmo Joe TAFOYA, Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended September 2, 1999.

Attorney(s) appearing for the Case

James Tagupa, on the briefs, Lihue, for defendant-appellant.

Bryant Zane, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

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

Opinion of the Court by NAKAYAMA, J.

Defendant-appellant Elmo Joe Tafoya, Jr. appeals his conviction and sentence of one count of assault in the second degree. On appeal, Tafoya asserts that (1) he was denied the effective assistance of counsel at his trial and (2) there was insufficient evidence presented at his sentencing hearing to warrant the imposition of an extended term of imprisonment pursuant to Hawai`i Revised Statutes (HRS) § 706-662(5) (Supp.1998...

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