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STATE v. GARCIA

No. 23513.

29 P.3d 919 (2001)

96 Hawai`i 200

STATE of Hawai`i, Plaintiff-Appellant, v. Wilfred Lowell GARCIA, Defendant-Appellee.

Supreme Court of Hawai`i.

August 10, 2001.

Attorney(s) appearing for the Case

Deborah L. Kim, Deputy Public Defender, on the briefs, for defendant-appellant.

Alexa D.M. Fujise, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for plaintiff-appellee.

MOON, C.J., LEVINSON, and ACOBA, JJ.; and NAKAYAMA, J., dissenting, with whom RAMIL, J., joins.

Opinion of the Court by ACOBA, J.

We hold that Plaintiff-Appellant State of Hawai`i (the prosecution) has not demonstrated any compelling justification for overruling Gray v. Administrative Director of the Court, State of Hawai`i, 84 Haw. 138, 931 P.2d 580 (1997), and State v. Wilson, 92 Haw. 45, 987 P.2d 268 (1999)...

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