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STATE v. DURHAM

No. SCWC-29923.

254 P.3d 425 (2011)

125 Haw. 114

STATE of Hawai`i, Respondent/Plaintiff-Appellee v. Cornelius Wesley DURHAM, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

Reconsideration Granted in Part and Amended June 14, 2011.

Attorney(s) appearing for the Case

Leslie K. Iczkovitz , ( Taryn R. Tomasa , Deputy Public Defender, on the briefs), for petitioner/defendant-appellant.

Peter A. Hanano , Deputy Prosecuting Attorney, County of Maui ( Richard K. Minatoya , Deputy Prosecuting Attorney, County of Maui, on the brief), for respondent/plaintiff-appellee.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge BORDER, Assigned due to a Vacancy.

Opinion of the Court by ACOBA, J.

We hold that in a probation revocation proceeding, a defendant must be given notice of all factual information related to probation revocation that is contained in a probation officer's recommendation letter to the court in accordance with State v. Paaaina, 67 Haw. 408, 689 P.2d 754 (1984). The lack of such notice amounts to a violation of due process that requires remand and a new probation...

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