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STATE v. REYES

No. 21944.

2 P.3d 725 (2000)

93 Hawai`i 321

STATE of Hawai`i, Plaintiff-Appellee, v. Bernardo REYES, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

May 19, 2000.

Attorney(s) appearing for the Case

Jon Ikenaga (argued) (Rose Anne Fletcher, on the brief), Deputy Public Defenders, for Defendant-Appellant.

Caroline M. Mee, (argued) Deputy Prosecuting Attorney, City & County of Honolulu, for Plaintiff-Appellee.

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

Opinion of the Court by BURNS, C.J.

Defendant-Appellant Bernardo Reyes (Reyes) appeals the circuit court's September 18, 1998 Order of Resentencing. We vacate and remand for further proceedings consistent with this opinion.

BACKGROUND

At the time of trial in October 1997, Reyes was forty-five years of age. In 1992-93, Reyes was living with the mother (Mother) of a daughter (Daughter) born in 1976. Daughter testified in relevant part as follows:<...

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