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STATE v. KIM

No. 24216.

81 P.3d 1200 (2003)

103 Hawai`i 285

STATE of Hawai`i, Plaintiff-Appellee v. Edwin KIM, also known as Edwin Alexander Kim, Defendant-Appellant.

Supreme Court of Hawai`i.

December 30, 2003.

Attorney(s) appearing for the Case

Keith Shigetomi, Honolulu, on the briefs, for defendant-appellant.

Mangmang Qiu Brown, on the briefs, Deputy Prosecuting Attorney, for plaintiff-appellee.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ., Circuit Judge McKENNA, assigned by reason of vacancy, and ACOBA, J. dissenting.

Opinion of the Court by NAKAYAMA, J.

Defendant-appellant Edwin Kim appeals from the judgment of the circuit court of the first circuit, the Honorable Sandra A. Simms presiding, convicting Kim of and sentencing him for (1) murder in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-701.5 (1993)1 (Count I), (2) place to keep a pistol or revolver, in violation of HRS § 134-6(c) and (e) (1993)

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