State v. Brown (Concurring and Dissenting Opinion by J. Acoba, with whom J. Duffy, joins)

***NOT FOR PUBLICATION***

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CONCURRING AND DISSENTING OPINION BY
ACOBA, J., WITH WHOM DUFFY, J., JOINS

I concur in the order, except with respect to the procedure employed as to the imposition of an extended term sentence as to which I disagree, based on the reasons set forth in the dissenting opinion in State v. Rivera, 106 Hawai`i 146, 102 P.3d 1044 (2004).