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STATE v. KALAOLA

No. 29163.

237 P.3d 1109 (2010)

STATE of Hawai`i, Respondent/Plaintiff-Appellee v. Jason Keliikoaikaika KALAOLA, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

August 19, 2010.

Attorney(s) appearing for the Case

Henry P. Ting, Deputy Public Defender, for respondent/defendant-appellant.

Anne K. Clarkin, Deputy Prosecuting Attorney, for petitioner/plaintiff-appellee.

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

Opinion of the Court by RECKTENWALD, J.

Petitioner/Defendant-Appellant Jason Keliikoaikaika Kalaola was charged with one count of failure to disperse in violation of Hawai`i Revised Statutes (HRS) § 711-1102 (1993),1 following an incident at Aloha Tower Marketplace (ATM) in which police were called to respond to an unruly crowd. At trial, the State presented evidence concerning Kalaola's...

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