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STATE v. ALVAREZ

No. 22985.

25 P.3d 817 (2001)

96 Hawai`i 42

STATE of Hawai`i, Plaintiff-Appellee, v. Elujino V. ALVAREZ, III, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Amended June 6, 2001.

Attorney(s) appearing for the Case

Taryn R. Tomasa, Deputy Public Defender, for defendant-appellant, on the briefs.

James M. Anderson, Deputy Prosecuting Attorney, City and County of Honolulu, for plaintiff-appellee, on the briefs.

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

Opinion of the court by FOLEY, J.

On June 16, 1999, Defendant Appellant Elujino V. Alvarez, III (Alvarez) was charged by complaint with refusal to comply with a lawful order of a police officer in violation of Hawai`i Revised Statutes (HRS) § 709-906(1) & (4) (Supp.2000), for refusing a police officer's order to observe a twenty-four hour cooling-off period by leaving his home. On November 12, 1999, pursuant to a jury trial in the Circuit Court of the First...

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