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STATE v. RAPOZO

No. 29215.

235 P.3d 325 (2010)

STATE of Hawai`i, Respondent/Plaintiff-Appellant, v. Tanya RAPOZO, aka Tanya Rapoza, Petitioner/Defendant-Appellee.

Supreme Court of Hawai`i.

July 29, 2010.

Attorney(s) appearing for the Case

Brian R. Vincent, Deputy Prosecuting Attorney, for respondent/plaintiff-appellant.

Alvin K. Nishimura, Honolulu, for petitioner/defendant-appellee.

MOON, C.J., NAKAYAMA, and RECKTENWALD, JJ.; and ACOBA, J., dissenting, with whom DUFFY, J., joins.

Opinion of the Court by RECKTENWALD, J.

In the early morning of September 19, 2006, Petitioner/Defendant-Appellee Tanya Rapozo, a.k.a. Tanya Rapoza was stopped by police for driving erratically on Ala Wai Boulevard in Waikiki. She was subsequently placed under arrest and transported to the Honolulu Police Department's main station, where she was searched. During that search, a police matron discovered a .38 caliber bullet inside Rapozo's brassiere. The bullet was...

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