STATE v. PESETI

No. 23345.

65 P.3d 119 (2003)

101 Hawai`i 172

STATE of Hawai`i, Plaintiff-Appellee, v. Tuvale PESETI, Defendant-Appellant.

Supreme Court of Hawai`i.

As Corrected February 27, 2003.


Attorney(s) appearing for the Case

Deborah L. Kim, Deputy Pubic Defender, on the briefs, for the defendant-appellant, Tuvale Peseti.

James M. Anderson, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee, State of Hawai`i.

MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ., and Circuit Judge HIFO, Assigned by Reason of Vacancy.


Opinion of the Court by LEVINSON, J.

The defendant-appellant Tuvale Peseti appeals from the amended judgment of the family court of the first circuit, the Honorable Virginia Lea Crandall presiding, convicting him of and sentencing him for one count of sexual assault in the third degree, pursuant to Hawai`i Revised Statutes (HRS) § 707-732(1)(b) (1993).1 On appeal, Peseti contends that the family court erred in: (1) prohibiting defense...

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