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STATE v. MAUGAOTEGA

No. 26657.

114 P.3d 905 (2005)

107 Hawai`i 399

STATE of Hawai'i, Plaintiff-Appellee, v. Miti MAUGAOTEGA, Jr., Defendant-Appellant.

Supreme Court of Hawai'i.

June 29, 2005.

Attorney(s) appearing for the Case

Karen T. Nakasone, Deputy Public Defender, on the briefs, for the defendant-appellant Miti Maugaotega, Jr.

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 Miti Maugaotega, Jr. appeals from the judgments of the circuit court of the first circuit, the Honorable Patrick Border presiding, filed on May 17, 2004 and May 18, 2004, convicting him of and sentencing him for twenty-two offenses in five criminal cases, see infra Section I.

On appeal, Maugaotega contends that the circuit court plainly erred in sentencing him to extended terms of imprisonment...

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