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STATE v. SALE

No. 26293.

133 P.3d 815 (2006)

110 Hawai`i 386

STATE of Hawai`i, Plaintiff-Appellee, v. Fua SALE, a.k.a. Tuma Puallia, and Liufau Toia, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Corrected April 18, 2006.

Certiorari Denied May 9, 2006.

Attorney(s) appearing for the Case

Edward K. Harada, Deputy Public Defender, on the briefs, for Defendant-Appellant.

Ryan Yeh, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

BURNS, C.J., WATANABE, and NAKAMURA, JJ.

Opinion of the Court by NAKAMURA, J.

Defendant-Appellant Fua Sale (Sale) appeals from the Judgment filed on October 22, 2003, in the Circuit Court of the First Circuit (the circuit court).1 A jury found Sale guilty as charged of Unauthorized Control of a Propelled Vehicle (UCPV), in violation of Hawaii Revised Statutes (HRS) § 708-836 (Supp.2005).2 The circuit court sentenced

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