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STATE v. BAXLEY

No. 22805.

73 P.3d 668 (2003)

102 Hawai`i 130

STATE of Hawai`i, Plaintiff-Appellee, v. James Gavin BAXLEY, Defendant-Appellant.

Supreme Court of Hawai`i.

July 29, 2003.

Attorney(s) appearing for the Case

Walter R. Schoettle, on the briefs, Honolulu, formerly for defendant-appellant.

Tae Chin Kim, Honolulu, counsel of record for defendant-appellant.

Donn Fudo, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

MOON, C.J., LEVINSON and NAKAYAMA, JJ., Circuit Judge ALM, Assigned by Reason of Vacancy, and ACOBA, J., Dissenting in Part and Concurring in Part.

Opinion of the Court by NAKAYAMA, J.

Defendant-Appellant James Gavin Baxley appeals from his acquittal, the Honorable Frances Q.F. Wong presiding, of attempted assault in the second degree, Hawai`i Revised Statutes (HRS) §§ 705-500 (1993)1 and 707-711(1)(d) (1993)2 (Count I), terroristic threatening in the first degree, HRS § 707-716(1)(d) (1993)

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