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STATE v. SHINYAMA

No. 23669.

69 P.3d 517 (2003)

101 Hawai'i 389

STATE of Hawai'i, Plaintiff-Appellee-Petitioner, v. Daniel E.K. SHINYAMA, Defendant-Appellant-Respondent.

Supreme Court of Hawaii.

May 29, 2003.

Attorney(s) appearing for the Case

Arleen Y. Watanabe, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee-petitioner, State of Hawai'i.

Deborah L. Kim, Deputy Public Defender, on the briefs, for the defendant-appellant-respondent, Daniel E.K. Shinyama.

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

Opinion of the Court by LEVINSON, J.

We granted the plaintiff-appellee-petitioner State of Hawaii's [hereinafter, "the prosecution's"] application for a writ of certiorari in order to review the summary disposition order of the Intermediate Court of Appeals (ICA) in State v. Shinyama, 97 Haw. 570, 40 P.3d 972 (Haw.Ct.App. 2002) [hereinafter, "the ICA's decision"]. The ICA's decision vacated the judgment of the second circuit court, the Honorable Shackley F...

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