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STATE v. MARK

Nos. 26784, 26785.

231 P.3d 478 (2010)

STATE of Hawai`i, Respondent/Plaintiff-Appellee v. Shane MARK, Petitioner/Defendant-Appellant (Cr. No. 03-1-0495). State Of Hawai`i, Respondent/Plaintiff-Appellee v. Shane Mark, Petitioner/Defendant-Appellant (Cr. No. 03-1-0496).

Supreme Court of Hawai`i.

May 12, 2010.

Attorney(s) appearing for the Case

Dwight C.H. Lum, Honolulu, for petitioner/defendant-appellant.

Donn R. Fudo, Deputy Prosecuting Attorney, City and County of Honolulu, for respondent/plaintiff-appellee.

James S. Tabe, Deputy Public Defender, on the brief, for amicus curiae Office of the Public Defender.

MOON, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge KIM in place of RECKTENWALD, J., Recused.

Opinion of the Court by ACOBA, J.

Petitioner/Defendant-Appellant Shane Mark (Petitioner) applied for a writ of certiorari on August 27, 2009, to review the judgment of the Intermediate Court of Appeals (ICA) filed on May 29, 2009, pursuant to its May 8, 2009 published opinion (opinion)1 affirming in its entirety the August 2, 2004 Judgment in Cr. No. 03-1-0495 (Mark I) filed by the first circuit court (the court)

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