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STATE v. FITZWATER

No. 28584.

227 P.3d 520 (2010)

STATE of Hawai'i, Respondent/Plaintiff-Appellee, v. Zachariah I. FITZWATER, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended April 5, 2010.

Attorney(s) appearing for the Case

Ronette Kawakami and Summer Kupau, Deputy Public Defenders (John M. Tonaki, Public Defender, and Taryn R. Tomasa, Deputy Public Defender, with them on the briefs), for petitioner/defendant-appellant.

Stephen K. Tsushima and Brian Vincent, Deputy Prosecuting Attorneys (Peter B. Carlisle, Prosecuting Attorney, with them on the brief), for respondent/plaintiff-appellee.

MOON, C.J., NAKAYAMA, DUFFY, and RECKTENWALD, JJ.; with ACOBA, J., Concurring Separately and Dissenting.

Opinion of the Court by RECKTENWALD, J.

Petitioner/defendant-appellant Zachariah I. Fitzwater was convicted of excessive speeding in violation of Hawai'i Revised Statutes (HRS) § 291C-105(a)(1) (2007).1 At Fitzwater's trial in the District Court of the First Circuit (district court),2 a Honolulu police officer testified that he followed Fitzwater's motorcycle after he observed Fitzwater traveling at what...

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