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STATE v. MOSES

No. 23038.

77 P.3d 940 (2003)

102 Hawai'i 449

STATE of Hawai'i, Petitioner-Plaintiff-Appellee, v. Peter MOSES, Respondent-Defendant-Appellant.

Supreme Court of Hawaii.

Reconsideration Denied October 23, 2003.

Attorney(s) appearing for the Case

James M. Anderson, deputy prosecuting attorney, on the briefs, for the petitioner-plaintiff-appellee State of Hawai'i.

Deborah L. Kim, deputy public defender, on the briefs, for the respondent-defendant-appellant Peter Moses.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA and DUFFY, JJ.

Opinion of the Court by DUFFY, J.

Petitioner-plaintiff-appellee State of Hawai'i [hereinafter, "the prosecution"] applied for a writ of certiorari to review the Intermediate Court of Appeals' (ICA's) published opinion in State v. Moses, No. 23038, ___ Hawai'i ___, 80 P.3d 1, 2002 WL 31375697 (Haw.App. Oct. 22, 2002), in which the ICA vacated the circuit court's judgment and remanded for a new trial. The ICA concluded that,...

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