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STATE v. MARTINS

No. 25021.

101 P.3d 671 (2004)

106 Hawai`i 62

STATE of Hawai'i, Plaintiff-Appellee, v. Mark Alan MARTINS, Defendant-Appellant.

Intermediate Court of Appeals of Hawai'i.

As Amended October 19, 2004.

Certiorari Granted November 23, 2004.

Attorney(s) appearing for the Case

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

Simone C. Polak, Deputy Prosecuting Attorney, County of Maui, On the briefs, for plaintiff-appellee.

LIM and FOLEY, JJ.; and WATANABE, Acting C.J., Concurring in part and Dissenting in part.

Opinion of the Court by FOLEY, J.

Defendant-Appellant Mark Alan Martins (Martins) appeals from the March 1, 2002 Judgment of the Circuit Court of the Second Circuit (circuit court).1 On May 19, 2000, Martins was indicted for the following offenses:

Count I, Terroristic Threatening in the First Degree, in violation of Hawaii Revised Statutes (HRS) § 707-716(1)(d) (1993);2 Count II, Reckless...

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