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State v. Lowther8/7/1987
sumed prejudicial unless rebutted by the prosecution." State v. Caraballo, 62 Haw. 309, 323, 615 P.2d 91, 100 (1980). In our view, the State has failed to rebut the presumption.
IV.
The disposition of this appeal does not require our resolution of the other issues raised by Defendant.
Judgment of conviction vacated and case remanded for retrial.
Disposition
Judgment of conviction vacated and case remanded for retrial.
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