State v. Wheaton (Dissenting Opinion by J.C. Moon, with whom Circuit Judge Wong, joins)

DISSENTING OPINION BY MOON, C.J.,
IN WHICH CIRCUIT JUDGE WONG, JOINS

For the reasons stated by Justice Ramil in his dissenting opinion in State v. Locquiao, 100 Hawai`i 195, 209, 58 P.3d 1242, 1256 (2002) (Ramil, J., dissenting), which I joined, I respectfully dissent from the majority's disposition of this case.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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No. 24243 State v. Wheaton -- Summary Disposition Order