No. 26359.

199 P.3d 57 (2008)

STATE of Hawai`i, Respondent-Appellee, v. Alfred J. ROMAN, Petitioner-Appellant.

Supreme Court of Hawai`i.

As Amended September 17 and September 22, 2008.

Attorney(s) appearing for the Case

Henry P. Ting, Deputy Public Defender (Deborah L. Kim, Deputy Public Defender, on the application), for petitioner/defendant-appellant, Alfred J. Roman.

Mary Ann Hollocker, Deputy Prosecuting Attorney, for respondent/plaintiff-appellee, State of Hawai`i.

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

Opinion of the Court by MOON, C.J.

On June 4, 2008, this court accepted a timely application for a writ of certiorari, filed on May 12, 2008 by petitioner/defendant-appellant Alfred J. Roman, requesting this court to review the February 11, 2008 judgment of the Intermediate Court of Appeals (ICA), entered pursuant to its January 22, 2008 summary disposition order. See State v. Roman, No. 26359, 2008 WL 176495 (App. Jan. 22, 2008) (SDO) (Nakamura, J., dissenting...

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