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STATE v. HAILI

No. 24059.

79 P.3d 1263 (2003)

103 Hawai'i 89

STATE of Hawai'i, Plaintiff-Appellee, v. Danny H. HAILI, Defendant-Appellant.

Supreme Court of Hawaii.

December 3, 2003.

Attorney(s) appearing for the Case

Samuel P. King, Jr., Honolulu, on the briefs, for defendant-appellant.

Bryan K. Sano, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

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

Opinion of the Court by DUFFY, J.

Defendant-appellant Danny Haili (Danny) appeals from the judgment of the first circuit court, the Honorable Karen Ahn presiding, convicting him of and sentencing him for the offense of murder in the second degree in violation of Hawaii Revised Statutes (HRS) §§ 707-701.5(1) (1993),1 706-656 (1993 & Supp.2002),2 and 706-660.1(1)(a) (1993).3

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