State v. Johnson (Dissenting Opinion by J. Duffy, with whom J. Acoba joins)

* * * NOT FOR PUBLICATION * * *

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DISSENTING OPINION BY DUFFY, J.,
IN WHICH ACOBA, J., JOINS

Based upon Justice Acoba's Dissenting Opinions in State v. Rivera, 106 Hawai`i 146, 102 P.3d 1044 (2004) and State v. White, 110 Hawai`i 79, 129 P.3d 1107 (2006), in which I joined, I would vacate the extended term sentences imposed and remand for resentencing consistent with the Rivera and White dissents.