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STATE v. MUNDON

No. 28448.

219 P.3d 1126 (2009)

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

Supreme Court of Hawai`i.

November 13, 2009.

Attorney(s) appearing for the Case

Stuart N. Fujioka (of Nishioka & Fujioka), Honolulu, for petitioner/defendant-appellant.

Tracy Murakami, Deputy Prosecuting Attorney, for respondent/plaintiff-appellee.

MOON, C.J., NAKAYAMA, J., and Circuit Judge MARKS, in Place of RECKTENWALD, J., Recused; ACOBA, J., concurring and dissenting, separately, with whom DUFFY, J., joins.

Opinion of the Court by MOON, C.J.

On July 1, 2009, this court accepted a timely application for a writ of certiorari, filed on May 21, 2009, by petitioner/defendant-appellant James Mundon, seeking review of the Intermediate Court of Appeals' (ICA) March 20, 2009 judgment on appeal, entered pursuant to its February 27, 2009 summary disposition order (SDO). Therein, the ICA affirmed in part and vacated in part the Circuit Court of the Fifth Circuit's

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