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STATE v. CARMICHAEL

No. 22871.

53 P.3d 214 (2002)

99 Hawai`i 75

STATE of Hawai`i, Plaintiff-Appellee, v. Kalawaianui F. CARMICHAEL, Defendant-Appellant.

Supreme Court of Hawai`i.

As Corrected September 5, 2002.

As Amended September 9, 2002.

Attorney(s) appearing for the Case

Theodore Y.H. Chinn, Deputy Public Defender, on the briefs, for defendant-appellant.

Mark R. Simonds, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

MOON, C.J., and NAKAYAMA, J.; RAMIL, J.

Opinion by MOON, C.J., in which NAKAYAMA, J., joins; RAMIL, J., concurring in the result.

Defendant-appellant Kalawaianui F. Carmichael appeals from the September 23, 1999 judgment of conviction and sentence of the Circuit Court of the Second Circuit. Carmichael contends that the circuit court, the Honorable Shackley Raffetto presiding, abused its discretion in denying Carmichael's motion to dismiss a charge of promoting a dangerous drug in the third degree as a de...

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