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STATE v. PESENTHEINER

No. 22605.

22 P.3d 86 (2001)

95 Hawaii 290

STATE of Hawai`i, Plaintiff-Appellee, v. Armand M. PESENTHEINER, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

Certiorari Denied May 4, 2001.

Attorney(s) appearing for the Case

Shirley M. Kawamura, Deputy Public Defender, on the briefs, for defendant-appellant.

Mangmang Qiu Brown, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

BURNS, C.J., LIM and FOLEY, JJ.

Opinion of the Court by LIM, J.

Following a bench trial in the district court of the first circuit, Defendant-Appellant Armand Pesentheiner was convicted of harassment, in violation of Hawai`i Revised Statutes (HRS) § 711-1106(1)(a), and sentenced to pay a $100 fine. The fine was deducted from bail returned to him.

HRS § 711-1106(1)(a) (Supp.2000) provides that "[a] person commits the offense of harassment if, with intent to harass, annoy, or alarm...

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