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STATE v. SUNDERLAND

No. 26641.

168 P.3d 526 (2007)

STATE of Hawai`i, Plaintiff-Appellee, v. Joseph SUNDERLAND, Defendant-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied October 19, 2007.

Attorney(s) appearing for the Case

Deborah L. Kim, Deputy Public Defender, for defendant-appellant.

Janet R. Garcia, Deputy Prosecuting Attorney, for plaintiff-appellee.

NAKAYAMA, J., with whom DUFFY, J., joins; MOON, C.J., Concurring and Dissenting; LEVINSON, J., Dissenting; and ACOBA, J., Concurring and Dissenting Separately.

Opinion of the Court by NAKAYAMA, J.

Defendant-Appellant, Joseph Sunderland ("Sunderland"), appeals from the third circuit district court's1 June 23, 2004 judgment convicting him of the offense of Promoting a Detrimental Drug in the Third Degree, in violation of Hawai`i Revised Statutes ("HRS") § 712-1249.2 Sunderland's sole point of error on appeal asserts that...

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