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STATE v. FELICIANO

No. 26273.

115 P.3d 648 (2005)

STATE of Hawai`i, Plaintiff-Appellee, v. Hal FELICIANO, Defendant-Appellant.

Supreme Court of Hawai`i.

July 5, 2005.

Attorney(s) appearing for the Case

Phyllis J. Hironaka, Deputy Public Defender, on the briefs, for defendant-appellant. Hal Feliciano.

Mark Yuen, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee State of Hawai`i.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; and ACOBA, J., Dissenting.

Opinion of the Court by DUFFY, J.

Defendant-appellant Hal Feliciano appeals from the Circuit Court of the First Circuit's judgment of conviction filed on November 19, 2003, the Honorable Richard K. Perkins presiding. Feliciano shot his cousin, Alex Stoesser, in the eye with a .22 caliber revolver. The circuit court convicted Feliciano on three counts: (1) attempted murder in the second degree (Hawai`i Revised Statutes (HRS) §§ 705-500, 707-701.5, and 706...

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