State v. Kamana'o (Order Denying Application for Writ of Certiorari)

NO. 26592

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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STATE OF HAWAI`I,
Plaintiff-Appellee-Respondent,

vs.

ANDREW KAMANAO,
Defendant-Appellant-Petitioner.

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CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 56708)

ORDER DENYING APPLICATION FOR WRIT OF CERTIORARI
(By: Levinson, J., for the court ⁽¹⁾)

Upon consideration of the application for a writ of certiorari filed on June 27, 2005, by the defendant-appellant-petitioner Andrew Kamanao, the same is hereby denied.

DATED: Honolulu, Hawai`i, July 6, 2005.

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.2d 1044 (2004), I would grant certiorari and vacate the circuit court's sentence.

Mary Ann Barnard,
for defendant-appellant-
petitioner Andrew Kamanao
on the writ

1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.