Opinion of the Court by LIM, J.
On March 20, 1997, the Oahu grand jury indicted Defendant-Appellant Sayyaphone Noy Keomany, also known as Xayyaphone Keomany, also known as Noy (Defendant) on the following counts: three counts of sexual assault in the first degree (Counts 1, 3 and 4), in violation of Hawai`i Revised Statutes (HRS) § 707-730(1)(a) (1993);
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