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STATE v. MALIVAO

No. 25731.

98 P.3d 285 (2004)

105 Haw. 414

STATE of Hawai'i, Plaintiff-Appellee, v. Setefano MALIVAO, Defendant-Appellant.

Intermediate Court of Appeals of Hawai'i.

September 3, 2004.

Attorney(s) appearing for the Case

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, on the briefs, for defendant-appellant.

Loren J. Thomas, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for plaintiff-appellee.

WATANABE, Acting C.J., FOLEY and NAKAMURA JJ.

Opinion of the Court by FOLEY, J.

Defendant-Appellant Setefano Malivao (Malivao) appeals the Second Amended Judgment filed on February 27, 2003 in the Circuit Court of the First Circuit (circuit court).1

On appeal, Malivao contends the circuit court erred or plainly erred by denying his motion to withdraw his no contest plea before his sentence was imposed.

I.

On September 26, 2001, Malivao was charged by indictment...

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