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STATE v. RABAGO

No. 25378.

81 P.3d 1151 (2003)

103 Hawai`i 236

STATE of Hawai`i, Plaintiff-Appellee, v. Simeon RABAGO, Defendant-Appellant.

Supreme Court of Hawai`i.

December 26, 2003.

Attorney(s) appearing for the Case

Simone C. Polak, deputy prosecuting attorney, on the briefs, for the plaintiff-appellee State of Hawai`i.

Edward K. Harada, deputy public defender, on the briefs, for the defendant-appellant Simeon Rabago.

LEVINSON, ACOBA, and DUFFY, JJ., and NAKAYAMA, J. dissenting, with MOON, C.J., joins.

Opinion of the Court by LEVINSON, J.

The defendant-appellant Simeon Rabago appeals from the judgment of the second circuit court, the Honorable Shackley F. Raffetto presiding, convicting him of and sentencing him for two counts of continuous sexual assault of a minor under the age of fourteen years, in violation of Hawai`i Revised Statutes (HRS) § 707-733.5 (Supp.2002)1 (Counts I and II). On appeal, Rabago

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