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STATE v. JONES

No. 20543.

29 P.3d 351 (2001)

96 Hawai`i 161

STATE of Hawai`I, Petitioner-Appellee, v. Willie JONES, also known as "Willis," Respondent-Appellant.

Supreme Court of Hawai`i.

As Amended August 30, 2001.

Attorney(s) appearing for the Case

James M. Anderson, Deputy Prosecuting Attorney, for petitioner-appellee, on the writ.

Edwin Lauder Baker, Honolulu, for respondent-appellant.

MOON, C.J., LEVINSON, NAKAYAMA, and RAMIL, JJ., and Circuit Judge BLONDIN, in Place of ACOBA, J., Recused.

Opinion of the Court by MOON, C.J.

On September 4, 1996, following a circuit court jury trial, respondent-appellant Willie Jones (Defendant) was convicted of: (1) one count of sexual assault in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-731(1)(a) (1993)1 (Count I); (2) one count of attempted sexual assault in the second degree, in violation of HRS §§ 705-500 (1993)2

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