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STATE v. LUCKS

Nos. 5564, 5592.

541 P.2d 16 (1975)

STATE of Hawaii, Plaintiff-Appellee, v. Michael LUCKS, Defendant-Appellant. STATE of Hawaii, Plaintiff-Appellee, v. Alan H. GOLDBERG, Defendant-Appellant.

Supreme Court of Hawaii.

September 26, 1975.

Attorney(s) appearing for the Case

Brook Hart, William S. Hunt, Hart, Leavitt & Hall, Honolulu, for petition.

BEFORE RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and FONG, Circuit Judge, assigned by reason of vacancy.

PETITION FOR REHEARING

PER CURIAM.

This court finds that its prior opinion in State v. Lucks contains a statement of fact not supported by the record, i.e., the statement that "[m]oreover [appellant Lucks] had separately potted each of the six plants... ." 56 Haw. at 134, 531 P.2d 855, at 859.

Nevertheless, appellant's petition for rehearing filed on February 12, 1975 is denied, because the unsupported...

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