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STATE v. SAVITZ

No. 23153.

39 P.3d 567 (2002)

97 Hawai'i 440

STATE of Hawai`i, Plaintiff-Appellee, v. Richard SAVITZ, Defendant-Appellant, and Karen Savitz, Defendant.

Supreme Court of Hawaii.

January 29, 2002.

Attorney(s) appearing for the Case

Matthew A. Horn, on the briefs, Honolulu, for defendant-appellant.

Alexa D.M. Fujise, Deputy Prosecuting Attorney, (Scott Miyasato, Law Clerk, with her on the brief), on the briefs, for plaintiff-appellee.

MOON, C.J., NAKAYAMA, and RAMIL, JJ.; With ACOBA, J., Dissenting Separately, and With Whom LEVINSON, J., joins.

Opinion of the Court by RAMIL, J.

Defendant-appellant Richard Savitz appeals the sentencing court's denial of his request for probation with respect to his conviction of promoting a dangerous drug in the first degree, in violation of Hawai`i Revised Statutes (HRS) § 712-1241(1)(a)(i) (Supp.1999). On appeal, Savitz contends that because drug use is not a prerequisite for probation under HRS § 706-659 (Supp.1999), the sentencing court abused its discretion...

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