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STATE v. HIRONAKA

No. 24116.

53 P.3d 806 (2002)

99 Hawai`i 198

STATE of Hawai`i, Plaintiff-Appellee, v. Leonard Denichi HIRONAKA, Defendant-Appellant.

Supreme Court of Hawaii.

September 6, 2002.

Attorney(s) appearing for the Case

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, on the briefs, for the defendant-appellant, Leonard Denichi Hironaka.

Bryan K. Sano, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee, State of Hawai`i.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ.; RAMIL, J., dissenting; and ACOBA, J., concurring separately.

Opinion of the Court by LEVINSON, J.

The defendant-appellant, Leonard Denichi Hironaka, appeals from the judgment of conviction and sentence of the first circuit court, the Honorable Marie N. Milks presiding, finding him guilty of promoting a dangerous drug in the third degree in violation of Hawai`i Revised Statutes (HRS) § 712-1243 (1993 & Supp.2000).1 Hironaka argues that the circuit court erred in: (1) failing to instruct...

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