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STATE v. BAILEY

No. SCWC-30278.

271 P.3d 1142 (2012)

126 Haw. 383

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Peter Kalani BAILEY, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended on Reconsideration March 22, 2012.

Attorney(s) appearing for the Case

Jon N. Ikenaga , Deputy Public Defender, for petitioner/defendant-appellant.

Michael S. Kagami , Deputy Prosecuting Attorney, for respondent/plaintiff-appellee.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ.; and Circuit Judge POLLACK, Assigned in Place of McKENNA, J., Recused.

Opinion of the Court by RECKTENWALD, C.J.

Peter Kalani Bailey was convicted in the Circuit Court of the Third Circuit on four counts of attempted sexual assault in the first degree in violation of Hawai`i Revised Statutes (HRS) §§ 705-500 and 707-730(1)(b), cited infra, in relation to an incident on July 22, 2007 in which Bailey allegedly attempted to engage in four acts of sexual penetration with MM, who was twelve years old at the time.

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