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STATE v. DELEON

No. SCWC-11-0000064.

319 P.3d 382 (2014)

131 Haw. 463

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Phillip DeLEON, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

January 15, 2014.

Attorney(s) appearing for the Case

Phyllis J. Hironaka for petitioner.

Sonja P. McCullen for respondent.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., with ACOBA, J., concurring and dissenting separately, with whom POLLACK, J. joins.

Opinion of the Court by RECKTENWALD, C.J.

Phillip DeLeon was convicted of Murder in the Second Degree, two counts of Carrying or Use of a Firearm in the Commission of a Separate Felony, and several other charges,1 in relation to the July 31, 2009 fatal shooting of Shawn Powell. The State alleged, inter alia, that DeLeon shot Powell and shot at Powell's friend, Justin Gamboa, following an altercation at a nightclub. On appeal, the Intermediate...

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