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STATE v. RODRIGUES

No. 26679.

147 P.3d 825 (2006)

STATE of Hawai`i, Plaintiff-Appellee, v. Ralph J. RODRIGUES, Defendant-Appellant.

Supreme Court of Hawai`i.

November 29, 2006.

Attorney(s) appearing for the Case

Artemio C. Baxa, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee State of Hawai`i.

Matthew S. Kohm, Wailuku, on the briefs, for the defendant-appellant Ralph J. Rodrigues.

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

Opinion of the Court by LEVINSON, J.

The defendant-appellant Ralph J. Rodrigues appeals from the June 15, 2004 judgment of the circuit court of the second circuit, the Honorable Shackley F. Raffetto presiding, convicting him of theft in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 708-831(1)(b) (Supp.1998).1 On appeal, Rodrigues asserts a single point of error, to wit, that, during its case-in-chief, the prosecution...

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