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STATE v. DE GUAIR

Nos. 25390, 25625, 26560.

118 P.3d 662 (2005)

STATE of Hawai`i, Plaintiff-Appellee, v. Walter Wayne DE GUAIR, Defendant-Appellant. Walter Wayne de Guair, Petitioner-Appellant, v. State of Hawai'i, Respondent-Appellee.

Supreme Court of Hawai`i.

As Corrected August 22, 2005.

Attorney(s) appearing for the Case

Charlene Y. Iboshi, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee/respondent/appellee State of Hawai`i.

Michael G.M. Ostendorp and Shawn A. Luiz, on the briefs, Honolu, for the defendant-appellant/petitioner-appellant Walter Wayne De Guair.

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

Opinion of the Court by LEVINSON, J.

The petitioner-appellant/defendant-appellant Walter Wayne De Guair appeals from: (1) the orders of the circuit court of the third circuit, the Honorable Greg Nakamura presiding, entered respectively on January 25, 2000 and January 23, 2003, disposing of De Guair's May 20, 1999 Hawai`i Rules of Penal Procedure (HRPP) Rule 35 motion (1999)1 [hereinafter, "Rule 35 motion"] for reduction of sentence, granting...

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