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STATE v. SAKAMOTO

No. 25321.

70 P.3d 635 (2003)

101 Hawai`i 409

STATE of Hawai'i, Petitioner, v. The Honorable Karl K. SAKAMOTO, Judge, Circuit Court of the First Circuit, State of Hawai'i, Respondent, and Shawn Reilly, Real Party in Interest, Defendant-Respondent.

Supreme Court of Hawaii.

As Corrected June 4, 2003.

Attorney(s) appearing for the Case

Alexa D.M. Fujise, Deputy Prosecuting Attorney, on the briefs, for petitioner.

Linda C.R. Jameson, Deputy Public Defender, on the briefs, for defendant-appellee in opposition.

LEVINSON, J., and Circuit Judge NAKAMURA, assigned by reason of vacancy, and ACOBA, J., concurring separately, and MOON, C.J., dissenting, with whom NAKAYAMA, J., joins.

Opinion by LEVINSON, J., with whom Circuit Judge NAKAMURA joins, announcing the judgment of the Court.

In this original proceeding, the petitioner State of Hawai'i (the prosecution) petitions this court to issue a writ directing the respondent Judge Karl K. Sakamoto (the respondent judge), Judge of the Circuit Court of the First Circuit, to vacate his order granting the defendant-respondent Shawn Reilly's motion for deferred acceptance of no contest (DANC) plea in...

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