STATE v. KAMANA'O

No. 25271.

82 P.3d 401 (2003)

103 Hawai'i 315

STATE of Hawai'i, Plaintiff-Appellee, v. Andrew KAMANA'O, Defendant-Appellant.

Supreme Court of Hawaii.

As Corrected December 17, 2003.

Reconsideration Denied December 22, 2003.


Attorney(s) appearing for the Case

David Bettencourt, on the briefs, Honolulu, for the defendant-appellant Andrew Kamana'o.

Mangmang Qiu Brown, Deputy Prosecuting Attorney, on the briefs, for the Plaintiff Appellee State of Hawai'i.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.


Opinion of the Court by LEVINSON, J.

The defendant-appellant Andrew Kamana'o appeals from the order of the first circuit court, the Honorable Victoria S. Marks presiding, filed on August 14, 2002, denying Kamanao's motion for correction of illegal sentence, pursuant to Hawai'i Rules of Penal Procedure (HRPP) Rule 35 (2000) [hereinafter, "Rule 35 motion"].1 On appeal, Kamana'o contends, inter alia, that: (1) the circuit court erred...

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