STATE v. McCOY

No. 4762.

449 P.2d 127 (1968)

STATE of Hawaii, Plaintiff-Appellee, v. Frank Oscar McCOY, Defendant-Appellant, and Samuel Kapule Viela and Reginald Kaikapu Kaluna, Defendants.

Supreme Court of Hawaii.

December 24, 1968.


Attorney(s) appearing for the Case

Kazuo Oyama, Honolulu, for defendant-appellant.

Barry J. Rubin, Deputy Pros. Atty. (John H. Peters, Pros. Atty., with him on the briefs), Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and Circuit Judge KING assigned by reason of vacancy.


RICHARDSON, Chief Justice.

On the second day of jury selection, the trial court gave defendant-appellant leave to change his plea of not guilty to two counts of robbery in the first degree to guilty to two counts of robbery in the second degree. Three weeks later and prior to sentencing, defendant requested leave to withdraw his plea, claiming involuntariness due to fear of retaliation by his co-defendants if he did not so plead, but the court denied the motion. The...

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