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STATE v. AKAU

No. 26989.

185 P.3d 229 (2008)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Anthony Kalani AKAU, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

May 30, 2008.

Attorney(s) appearing for the Case

Christopher R. Evans, Honolulu, for petitioner/defendant-appellant, on the application.

Loren J. Thomas, Deputy Prosecuting Attorney, for respondent/plaintiff-appellee.

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

Opinion of the Court by MOON, C.J.

On February 8, 2008, this court accepted a timely application for a writ of certiorari, filed by petitioner/ defendant-appellant Anthony Kalani Akau on January 7, 2008, requesting this court review the Intermediate Court of Appeals' (ICA) October 11, 2007 judgment on appeal, entered pursuant to its September 21, 2007 summary disposition order (SDO). Therein, the ICA affirmed the Circuit Court of the First Circuit's

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