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STATE v. YAMAMOTO

No. 23517.

46 P.3d 1092 (2002)

98 Hawai`i 208

STATE of Hawai`i, Plaintiff-Appellee, v. Carlson YAMAMOTO, Jr., Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted April 22, 2002.

Attorney(s) appearing for the Case

David F. Klein, on the briefs, Honolulu, for defendant-appellant.

Loren J. Thomas, 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 Lim, J.

Defendant-Appellant Carlson S. Yamamoto, Jr. (Yamamoto) appeals the June 7, 2000 judgment of the circuit court of the first circuit that convicted him of kidnapping and terroristic threatening in the first degree. The kidnapping charge accused Yamamoto of intentionally or knowingly restraining the complaining witness, with intent to terrorize her. Because the court committed prejudicial error in instructing the jury that, "Terrorize...

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