Kekahuna v. State (Order Denying Application for Writ of Certiorari)

NO. 25648

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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ALAN E. K. KEKAHUNA, Petitioner-Appellant,

vs.

STATE OF HAWAI`I, Respondent-Appellee.

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CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CR. NO. 01-1-1247)

ORDER DENYING APPLICATION FOR WRIT OF CERTIORARI

(By: Moon, C.J., for the majority; ⁽¹⁾

Dissent by Acoba, J., in which Duffy, J., joins)

Petitioner-appellant Alan E. K. Kekahuna's application for writ of certiorari, filed July 15, 2005, is denied.

DATED: Honolulu, Hawai`i, July 25, 2005.

Glenn D. Choy, for
petitioner-appellant,
on the writ

DISSENT BY ACOBA, J., IN WHICH DUFFY, J., JOINS

I respectfully dissent from the denial of certiorari. Based on my dissent in State v. Rivera, 106 Hawai`i 146, 102 P.3d 1044 (2004), I would grant certiorari and vacate the circuit court's sentence.

1.      Considered by: Moon, C.J., Levinson and Nakayama, JJ.; Dissent by Acoba, J., in which Duffy, J., joins.