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STATE v. CARVALHO

No. 25947.

100 P.3d 607 (2004)

106 Hawai`i 13

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

Intermediate Court of Appeals of Hawai`i.

Certiorari Denied November 29, 2004.

Attorney(s) appearing for the Case

Earle A. Partington, on the briefs, Honolulu, for defendant-appellant.

Mangmang Qiu Brown, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for plaintiff-appellee.

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

Opinion of the Court by LIM, J.

James Carvalho (Carvalho) appeals the June 10, 2003 judgment of the circuit court of the first circuit,1 as amended on June 18, 2003,2 that convicted him of the included offense of assault in the third degree in count I of the complaint (charged as assault in the second degree)3 and the charged offense of simple trespass in count II.

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