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STATE v. KIMSEL

No. 25851.

122 P.3d 1148 (2005)

109 Hawaii 50

STATE of Hawai`i, Plaintiff-Appellee, v. Christopher Allen KIMSEL, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

October 26, 2005.

Attorney(s) appearing for the Case

Richard D. Gronna, Honolulu, on the briefs, for Defendant-Appellant.

Lawrence A. Goya, Senior Deputy Attorney General, on the briefs, for Plaintiff-Appellee.

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

Opinion of the Court by LIM, J.

Christopher Allen Kimsel (Kimsel or Defendant) appeals the May 1, 2003 findings of fact, conclusions of law and order of the Circuit Court of the First Circuit (circuit court). The circuit court's order denied the March 17, 2003 post-judgment motion that Kimsel had filed under Hawai`i Rules of Penal Procedure (HRPP) Rules 40 and 32(d) (2003) (the Rule 40 motion), which sought to set aside his no contest plea, vacate his conviction and...

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