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STATE v. SMITH

No. 23823.

34 P.3d 1065 (2001)

97 Hawai`i 166

STATE of Hawai`i, Plaintiff-Appellee, v. Gardiner B. SMITH III, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

Certiorari Denied November 29, 2001.

Attorney(s) appearing for the Case

Michael G.M. Ostendorp, Honolulu, and Shawn A. Luiz, on the briefs, for Defendant-Appellant.

Mangmang Qiu Brown, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

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

Opinion of the Court by BURNS, C.J.

Defendant-Appellant Gardiner Smith (Smith) appeals from the October 4, 2000 judgment of the First Circuit Court of the State of Hawai`i, entered by Circuit Court Judge Dexter D. Del Rosario, based upon a jury's verdict, (1) finding him guilty of Terroristic Threatening in the First Degree, Hawaii Revised Statutes (HRS) § 707-716(1)(d) (1993), and sentencing him to incarceration for ten years and a mandatory minimum term of...

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