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STATE v. BALANZA

No. 22146.

1 P.3d 281 (2000)

93 Hawai`i 279

STATE of Hawai`i, Plaintiff-Appellee, v. Robert BALANZA, Defendant-Appellant, and Albert Brady aka Charles Stepps, and Ricky Moore, Defendants.

Supreme Court of Hawai`i.

June 2, 2000.

Attorney(s) appearing for the Case

T. Stephen Leong, Honolulu, and Brian B. Custer, Volcano, on the briefs, for defendant-appellant.

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

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, JJ., and Circuit Judge RAFFETTO, Assigned by Reason of Vacancy.

Opinion of the Court by NAKAYAMA, J.

Defendant-appellant Robert Balanza appeals his conviction of one count of promoting a dangerous drug in the second degree (Count I), in violation of Hawai`i Revised Statutes (HRS) § 712-1242(1)(c) (1993), one count of unlawful use of drug paraphernalia (Count II), in violation of HRS § 329-43.5(a) (1993), and one count of promoting a dangerous drug in the third degree (Count III...

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