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STATE v. SMITH

No. 25544.

105 P.3d 242 (2004)

106 Hawai`i 365

STATE of Hawai'i, Plaintiff-Appellee, v. Scott Brian SMITH, Defendant-Appellant.

Intermediate Court of Appeals of Hawai'i.

Certiorari Denied February 4, 2005.

Attorney(s) appearing for the Case

Artemio C. Baxa, Deputy Prosecuting Attorney, County of Maui, on the briefs, for Plaintiff-Appellee.

Shawn A. Luiz, Esq., on the briefs, for Defendant-Appellant.

BURNS, C.J., WATANABE and NAKAMURA, JJ.

Opinion of the Court by NAKAMURA, J.

Defendant-Appellant Scott Brian Smith (Smith) appeals from the Judgment entered on November 20, 2002, by the Circuit Court of the Second Circuit (the circuit court).1 Smith was convicted of assaulting, threatening, kidnapping, and repeatedly raping the complaining witness (the CW), who was his former girlfriend and the mother of his young son. Smith was found guilty after a jury trial of the following...

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