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NO. 22742

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAII, Plaintiff-Appellee, v. CLIFFORD COFFMAN, Defendant-Appellant APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 96-2336) MEMORANDUM OPINION Burns, C. J., Lim and Foley, JJ.)

(By:

Defendant-Appellant Clifford Coffman (Coffman) appeals the circuit court of the first circuit's1 July 27, 1999 Findings of Fact, Conclusions of Law, and Order Summarily Denying Defendant's Motion for Rule 35 Relief From Illegal Sentence, Filed on July 7, 1999, Without a Hearing. We affirm.

I.

Background.

On November 18, 1996, the State charged Coffman with four counts of sexual assault: (Count I) sexual assault in the

first degree (by placing his mouth on the vagina of the victim, who was less than fourteen years old at the time), in violation of Hawai#i Revised Statutes (HRS)

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Hawaii Law