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January 30, 2008 (No. 28203)
Opinion [pdf]
OPINION OF THE COURT BY NAKAMURA, J.
The parties agree that pursuant to State v. Maugaotega, 115 Hawai'i 432, 168 P.3d 562 (2007) (hereinafter, "Maugaotega II"), the extended term sentence imposed upon Defendant-Appellant Walter Lee Cutsinger (Cutsinger) must be vacated and the case remanded for resentencing.
. . . .
Accordingly, we remand the case for resentencing in accordance with Act 1.
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