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STATE v. MITA

No. 29347.

245 P.3d 458 (2010)

STATE of Hawai`i, Petitioner/Plaintiff-Appellee, v. Wanda Ruriko MITA, Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

December 21, 2010.

Attorney(s) appearing for the Case

Gary Y. Okuda (Leu & Okuda), Honolulu, on the briefs, for defendant-appellant.

Peter B. Carlisle , Prosecuting Attorney, James M. Anderson , Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

RECKTENWALD, C.J., NAKAYAMA, J., and Circuit Judge LEE in place of MOON, C.J., recused, and ACOBA, J., dissenting, with whom DUFFY, J., joins.

Opinion of the Court by RECKTENWALD, C.J.

Wanda Ruriko Mita was charged with Animal Nuisance in violation of Revised Ordinances of Honolulu (ROH) § 7-2.3 (1990 & Supp. No. 6, 2-05), which provides that "[i]t is unlawful to be the owner of an animal, farm animal, or poultry engaged in animal nuisance as defined in section 7-2.2[.]" Mita was originally issued a citation that indicated that she committed this offense by owning,

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