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STATE v. PALISBO

No. 21441.

3 P.3d 510 (2000)

93 Hawai`i 344

STATE of Hawai`i, Plaintiff-Appellee, v. Benny B. PALISBO, Defendant-Appellant, and Peter M. Kanohokula, Defendant.

Intermediate Court of Appeals of Hawai`i.

May 18, 2000.

Attorney(s) appearing for the Case

T. Stephen Leong, on the briefs, Honolulu, for defendant-appellant.

Caroline M. Mee, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for plaintiff-appellee.

BURNS, C.J., WATANABE, and ACOBA, JJ.

Opinion of the Court by ACOBA, J.

We hold that under Hawai`i Revised Statutes (HRS) § 708-836(3) (Supp.1998), which pertains to the unauthorized control of a propelled vehicle, criminal liability attaches if the defendant failed to obtain consent to operate the vehicle from the vehicle's owner. Thus, unlike the prior version of this statute, purported lack of knowledge that the vehicle was stolen does not absolve the defendant of a conviction and did not do so...

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