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STATE v. RIVERA

No. 26199.

102 P.3d 1044 (2004)

106 Hawai`i 146

STATE of Hawai'i, Plaintiff-Appellee, v. Larry RIVERA, Defendant-Appellant.

Supreme Court of Hawai'i.

December 22, 2004.

Attorney(s) appearing for the Case

James S. Tabe, deputy public defender, on the briefs, for the defendant-appellant Larry Rivera.

James M. Anderson, deputy prosecuting attorney, on the briefs, for the plaintiff-appellee State of Hawai'i.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ.; and ACOBA, J., dissenting with whom DUFFY, J. joins.

Opinion of the Court by LEVINSON, J.

The defendant-appellant Larry Rivera appeals from the judgment of the circuit court of the first circuit, the Honorable Derrick H.M. Chan presiding, filed on October 8, 2003, convicting him of and sentencing him for the following offenses: (1) promoting a dangerous drug in the third degree, in violation of Hawai'i Revised Statute (HRS) § 712-1243 (1993 & Supp.2003);1 (2) unlawful use of drug...

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