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STATE v. COELHO

No. 25805.

112 P.3d 759 (2005)

STATE of Hawai'i, Plaintiff-Appellee, v. Herman R. COELHO, Jr., Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

April 28, 2005.

Attorney(s) appearing for the Case

Jeffrey W. Ng, Deputy Public Defender, on the briefs, for defendant-appellant.

Artemio C. Baxa, Deputy Prosecuting Attorney, County of Maui, on the briefs, for plaintiff-appellee.

BURNS, C.J., FOLEY and FUJISE, JJ.

Opinion of the Court by FOLEY, J.

Defendant-Appellant Herman R. Coelho, Jr. (Coelho) appeals from the Amended Judgment filed on May 6, 2003 in the Circuit Court of the Second Circuit (circuit court).1

On appeal, Coelho contends the circuit court erred by sentencing him pursuant to Hawaii Revised Statutes (HRS) § 706-660.1(3)(c) (1993) because this statute was not the appropriate sentencing statute. We agree and therefore vacate...

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