STATE v. VAN DEN BERG

Nos. 23135, 22931.

65 P.3d 134 (2003)

101 Hawai`i 187

STATE of Hawai`i, Plaintiff-Appellee, v. Justin VAN DEN BERG, Defendant-Appellant. State of Hawai`i, Plaintiff-Appellee, v. Gary G. Karagianes, Defendant-Appellant.

Supreme Court of Hawai`i.

March 17, 2003.


Attorney(s) appearing for the Case

Michael K. Tanigawa and Keith S. Agena (of Char Sakamoto Ishii Lum & Ching), Honolulu, on the briefs, for defendant-appellant Justin Van den Berg in Appeal No. 23135.

Anthony L. Ranken, Wailuku, on the briefs, for defendant-appellant Gary G. Karagianes in Appeal No. 22931.

Richard K. Minatoya, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee in Nos. 22931 & 23135.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ., and Circuit Judge HIRAI, assigned by reason of vacancy; ACOBA, J., concurring separately.


Opinion of the Court by MOON, C.J.

Inasmuch as the legal issues presented by appeal Nos. 23135 and 22931 are identical, we consolidate these appeals for purposes of disposition. In appeal No. 23135, defendant-appellant Justin Van den Berg appeals from: (1) the December 30, 1999 order granting plaintiff-appellee State of Hawaii's (the prosecution) motion to reconsider the reversal of Van den Berg's firearms conviction, which effectively reinstated the firearms conviction...

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