State v. Eberly (Dissenting Opinion by C.J. Moon)

* * * FOR PUBLICATION * * *

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DISSENTING OPINION BY MOON, C.J.

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. 24750 State v. Eberly -- Dissenting Opinion by Moon, C.J.