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State v. Isomura11/4/1992
there is a "plainly irreconcilable" conflict between HRS § 291C-12(b) and HRS § 706-610(2), we are obligated to follow the rule in Spencer and favor HRS § 291C-12(b). See Robinson v. Ariyoshi, 65 Haw. 641, 653, 658 P.2d 287, 297 (1982) ("where a principle has been passed upon by the court of last resort, it is the duty of all inferior tribunals to adhere to the decision" (quoting Kapiolani Estate v. Atcherley, 21 Haw. 481, 454 (1913) (citations omitted)).
Accordingly, I would affirm the sentence imposed by the circuit court.
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