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STATE v. AUGUSTIN

No. 23105.

63 P.3d 1097 (2002)

101 Hawai`i 127

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Raymond K.K. AUGUSTIN, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

December 17, 2002.

Attorney(s) appearing for the Case

Arthur E. Ross, Honolulu, for petitioner/defendant-appellant Raymond K.K. Augustin, on the writ.

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

ORDER DISMISSING CERTIORARI PROCEEDING

We dismiss the petitioner/defendant-appellant Raymond K.K. Augustin's application for a writ of certiorari as improvidently granted because the summary disposition order of the Intermediate Court of Appeals in State v. Augustin, No. 23105, 97 Haw. 570, 40 P.3d 972 (Haw. Ct.App. Dec 27, 2001), contains no grave errors of law or fact and is not obviously inconsistent with the appellate case law of this state.

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