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STATE v. DELOS SANTOS

No. 29337.

238 P.3d 162 (2010)

STATE of Hawai`i, Petitioner-Plaintiff-Appellee, v. Kenneth DELOS SANTOS, Respondent-Defendant-Appellant.

Supreme Court of Hawai`i.

August 19, 2010.

Attorney(s) appearing for the Case

Stephen K. Tsushima, Deputy Prosecuting Attorney, for petitioner-plaintiff-appellee.

Kirsha K.M. Durante, Deputy Public Defender, (Taryn R. Tomasa, Deputy Public Defender, on the briefs) for respondent-defendant-appellant.

MOON, C.J., NAKAYAMA, DUFFY and RECKTENWALD, JJ. and ACOBA, J., concurring separately.

Opinion of the Court by NAKAYAMA, J.

On April 1, 2010, this court accepted a timely application for a writ of certiorari filed by petitioner-plaintiff-appellee, the State of Hawai`i ("the prosecution"), on February 18, 2010, requesting that this court review the Intermediate Court of Appeals' ("ICA") November 24, 2009 judgment on appeal, entered pursuant to its November 9, 2009 Memorandum Opinion reversing the Family Court...

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