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STATE v. NOBRIGA

No. 5510.

527 P.2d 1269 (1974)

STATE of Hawaii, Plaintiff-Appellee, v. Theodore Frederick NOBRIGA, Jr., Defendant-Appellant.

Supreme Court of Hawaii.

November 8, 1974.

Attorney(s) appearing for the Case

Marie Milks, John W.K. Chang, Deputy Public Defenders, Donald K. Tsukiyama, Public Defender, Honolulu, for defendant-inaccurate.

Reina A. Grant, Deputy Pros. Atty., Barry Chung, Pros. Atty., Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., KOBAYASHI, MENOR, JJ., SODETANI, Circuit Judge, in place of LEVINSON, J., recused, and KATO, Circuit Judge, in place of OGATA, J., disqualified.

RICHARDSON, Chief Justice.

This appeal involves the issue of whether a trial judge at the sentencing stage may consider a presentence diagnosis report which includes an adult-defendant's juvenile court record, in light of HRS §§ 571-49 and 571-84 (Supp. 1973) and HRS § 706-602 (Supp. 1973), Act 179, § 23, S.L.H. 1973, amending Act 9, part of Section 1, S.L.H. 1972,1 [hereinafter cited as HRS § 706-602 (Supp. 1973...

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