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NO. 23081

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I WILLIAM HOWARD BRANCO, Petitioner-Appellant, v. STATE OF HAWAII, Respondent-Appellee APPEAL FROM THE THIRD CIRCUIT COURT (S.P.P. NO. 99-0005) MEMORANDUM OPINION Watanabe, Acting C.J., Lim and Foley, JJ.)

(By:

Petitioner-Appellant William Howard Branco (Branco) appeals the circuit court's December 22, 1999, order granting in part and denying in part his petition for post-conviction relief (Rule 40 petition) filed July 14, 1999, pursuant to Rule 40 of the Hawai#i Rules of Penal Procedure (HRPP). I. By Amended Complaint filed August 19, 1992, Branco was charged with the following: (1) Count I, Burglary in the First Degree, in violation of

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