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STATE v. CUTSINGER

No. 28203.

185 P.3d 816 (2008)

STATE of Hawai`i, Plaintiff-Appellee, v. Walter Lee CUTSINGER, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Amended January 31, 2008.

As Amended February 5, 2008.

As Amended February 29, 2008.

Attorney(s) appearing for the Case

Glenn D. Choy, for Defendant-Appellant.

Mark J. Bennett, Attorney General, State of Hawaii, (Donn Fudo, Deputy Prosecuting Attorney, City and County of Honolulu on the answering brief), for Plaintiff-Appellee.

Kimberly Tsumoto Guidry, Deputy Solicitor General, Girard D. Lau, First Deputy Solicitor General, on motion to vacate sentence and remand for resentencing, for plaintiff-appellee.

Deborah L. Kim, Deputy Public Defender, for the amicus curiae.

WATANABE, Presiding Judge, FOLEY, and NAKAMURA, JJ.

Opinion of the Court by NAKAMURA, J.

The parties agree that pursuant to State v. Maugaotega, 115 Haw. 432, 168 P.3d 562 (2007) (hereinafter, "Maugaotega II"), the extended term sentence imposed on Defendant-Appellant Walter Lee Cutsinger (Cutsinger) must be vacated and the case remanded for resentencing. After the decision in Maugaotega II, the Hawai`i Legislature enacted...

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