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STATE v. IWATATE

Nos. 26383, 26523.

120 P.3d 260 (2005)

108 Hawai`i 361

STATE of Hawai`i, Plaintiff-Appellee, v. Richard IWATATE, Defendant-Appellant State of Hawai`i, Plaintiff-Appellee, v. Jason Lee Martin, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

August 18, 2005.

Attorney(s) appearing for the Case

Mark R. Zenger, Lihue, on the briefs, for Defendant-Appellant Richard Iwatate.

Peter M. Morimoto, Lihue, on the briefs, for Defendant-Appellant Jason Lee Martin.

Aaron Kakinami, Deputy Prosecuting Attorney, County of Kaua`i, on the briefs, for Plaintiff-Appellee.

FOLEY, Acting C.J., NAKAMURA and FUJISE, JJ.

Opinion of the Court by FOLEY, J.

In this consolidated appeal, Defendant-Appellant Richard Iwatate (Iwatate) appeals from the Judgment filed on January 8, 2004, and Defendant-Appellant Jason Lee Martin (Martin) appeals from the Judgment filed on March 17, 2004. Both Judgments were filed in the Circuit Court of the Fifth Circuit1 (circuit court).

I.

On April 5, 2002, pursuant to a search warrant for Iwatate, Iwatate was...

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