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STATE v. EBERLY

No. 24750.

116 P.3d 703 (2005)

STATE of Hawai`i, Plaintiff-Appellee, v. Bardwell EBERLY, Defendant-Appellant.

Intermediate Court of Appeals of Hawai'i.

Certiorari Granted April 18, 2005.

Attorney(s) appearing for the Case

James A. Delacy for defendant-appellant.

Daniel H. Shimizu, Deputy Prosecuting Attorney, City and County of Honolulu, for plaintiff-appellee.

BURNS, C.J., and FOLEY, J., and NAKAMURA, J., Dissenting.

Opinion of the Court by FOLEY, J.

Defendant-Appellant Bardwell Eberly (Eberly) appeals from the Judgment filed on October 12, 2001, in the Circuit Court of the First Circuit (circuit court).1 A jury found Eberly guilty of Counts I and II, Possession of a Firearm by a Person Convicted of Certain Crimes in violation of Hawaii Revised Statues (HRS) § 134-7(b) (Supp.2004),2 and

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