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STATE v. HAANIO

No. 21720.

16 P.3d 246 (2001)

94 Hawai`i 405

STATE of Hawai`i, Respondent-Appellee, v. Oliver HAANIO, Jr., Petitioner-Appellant.

Supreme Court of Hawai`i.

January 31, 2001.

Attorney(s) appearing for the Case

Dwight C.H. Lum, on the application, Honolulu, for petitioner-appellant.

MOON, C.J., NAKAYAMA, RAMIL, and ACOBA, JJ.; with LEVINSON, J., concurring separately.

Opinion of the Court by ACOBA, J.

We affirm the affirmance by the Intermediate Court of Appeals (the ICA) of the June 19, 1998 judgment of conviction and sentence of Petitioner-Appellant Oliver Haanio, Jr. (Petitioner) for the included offense of robbery in the second degree, Hawaii Revised Statutes (HRS) § 708-841 (1993). However, we disagree with the ICA's reformulation of the standard established in State v. Kupau, 76 Haw. 387

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