STATE v. HEGGLAND

No. 27755.

193 P.3d 341 (2008)

STATE of Hawai`i, Respondent/Plaintiff-Appellant v. Gregory HEGGLAND, Petitioner/Defendant-Appellee.

Supreme Court of Hawai`i.

Reconsideration Denied October 10, 2008.


Attorney(s) appearing for the Case

Taryn R. Tomasa, Deputy Public Defender, for petitioner/defendant-appellee.

Anson K. Lee, (Dakota K. Frenz with him on the opening brief), Deputy Prosecuting Attorneys, County of Hawai`i, for respondent/plaintiff-appellant.

LEVINSON, NAKAYAMA, and DUFFY, JJ.; MOON, C.J., concurring in the result only; and ACOBA, J., concurring separately.


Opinion of the Court by DUFFY, J.

Petitioner/Defendant Gregory Heggland seeks review of the November 27, 2007 judgment of the Intermediate Court of Appeals (ICA), which vacated the sentence portion of the Circuit Court of the Third Circuit's January 17, 2006 judgment,1 and remanded the case to the circuit court to resentence Heggland. We accepted Heggland's application for a writ of certiorari and now vacate the judgment of the ICA and...

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