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STATE v. GONSALVES

No. 27078.

119 P.3d 597 (2005)

STATE of Hawai'i, Plaintiff-Appellee, v. Richard GONSALVES, Defendant-Appellant.

Supreme Court of Hawai'i.

September 9, 2005.

Attorney(s) appearing for the Case

Clifford B. Hunt, Honolulu, on the briefs, for defendant-appellant Richard Gonsalves.

Daniel H. Shimizu, deputy prosecuting attorney, on the briefs, for the plaintiff-appellee State of Hawai'i.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ.; and ACOBA, J., concurring separately, with whom DUFFY, J., joins.

Opinion of the Court by LEVINSON, J.

The defendant-appellant Richard Gonsalves appeals from the judgment of the circuit court of the first circuit, the Honorable Virginia L. Crandall presiding, convicting him of and sentencing him for the offense of promoting a dangerous drug in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 712-1242(1)(c) (1993 & Supp.2003).1 On appeal, Gonsalves argues that the circuit court...

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