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STATE v. KOCH

No. 26296.

112 P.3d 69 (2005)

107 Hawaii 215

STATE of Hawai'i, Plaintiff-Appellee, v. John James Caleb KOCH, Defendant-Appellant.

Supreme Court of Hawaii.

Reconsideration Denied May 31, 2005.

Attorney(s) appearing for the Case

Artemio C. Baxa, Deputy Prosecuting Attorney, On the briefs, for the plaintiff-appellee State of Hawai'i.

Phyllis J. Hironaka, Deputy Public Defender, On the briefs, for the defendant-appellant John James Caleb Koch.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ., and ACOBA, J., concurring separately.

Opinion of by the Court by LEVINSON, J.

The defendant-appellant John James Caleb Koch appeals from the consolidated November 24, 2003 judgment of the circuit court of the second circuit, the Honorable Joel E. August presiding, in Cr. Nos. 02-1-0558(1) and 03-1-0271(1). In Cr. No. 02-1-0558(1), Koch was convicted of and sentenced for the following offenses: (1) promoting a dangerous drug in the third degree, in violation of Hawai'i Revised Statutes (HRS) § 712...

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