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STATE v. ST. CLAIR

No. 25281.

67 P.3d 779 (2003)

101 Hawai'i 280

STATE of Hawai`i, Plaintiff-Appellee, v. Stephen Keith ST. CLAIR, Defendant-Appellant.

Supreme Court of Hawaii.

As Corrected May 5, 2003.

Reconsideration Denied May 22, 2003.

Attorney(s) appearing for the Case

Michael M. McPherson, Kamuela, for defendant-appellant.

Linda L. Walton, Deputy Prosecuting Attorney, for plaintiff-appellee.

MOON, C.J., LEVINSON and NAKAYAMA, JJ., Circuit Judge DEL ROSARIO, in place of ACOBA J., who is unavailable, and Circuit Judge CHANG, assigned by reason of vacancy.

Opinion of the Court by LEVINSON, J.

The defendant-appellant Stephen Keith St. Clair appeals from the judgment of the third circuit court, filed on August 5, 2002, the Honorable Ronald Ibarra presiding, adjudging him guilty of manslaughter, in violation of Hawai'i Revised Statutes (HRS) § 707-702(1)(a) (1993),1 operating a vehicle under the influence of an intoxicant (DUI), in violation of HRS § 291E-61(a)(1) (Supp.2002),

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