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STATE v. KOLIA

No. 28071.

169 P.3d 981 (2007)

STATE of Hawai`i, Plaintiff-Appellant, v. Sola KOLIA, aka Sola Kolio, Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

August 16, 2007.

Attorney(s) appearing for the Case

Brian R. Vincent, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellant.

Karen T. Nakasone, Deputy Public Defender, on the briefs, for Defendant-Appellee.

RECKTENWALD, C.J., FOLEY and NAKAMURA, JJ.

Opinion of the Court by RECKTENWALD, C.J.

One morning in June, 2004, a Honolulu police officer encountered Defendant-Appellee Sola Kolia (Kolia) drinking an alcoholic beverage in public. The encounter led to Kolia fleeing on foot, with police in pursuit. Kolia had a "fanny pack" on his waist, and during the chase he made three unsuccessful attempts to throw the fanny pack away. On the fourth try, he finally succeeded in tossing the fanny pack onto the roof of a building...

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