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STATE v. AFAGA

No. 5667.

532 P.2d 391 (1975)

STATE of Hawaii, Plaintiff-Appellee, v. Romulo Edulan AFAGA, Defendant-Appellant.

Supreme Court of Hawaii.

February 25, 1975.

Attorney(s) appearing for the Case

Winston Mirikitani, Honolulu (Mirikitani, Thurston & Tongg, Honolulu, of counsel), for defendant-appellant.

Michael W. Gibson, Deputy Pros. Atty., Honolulu (Barry Chung, Pros. Atty., of counsel), for plaintiff-appellee.

Before RICHARDSON, C.J., KOBAYASHI and MENOR, JJ., and KATO, Circuit Judge in place of OGATA, J., disqualified, and FONG, Circuit Judge, assigned by reason of vacancy.

PER CURIAM.

We believe, upon consideration of the record in this case, that it is necessary for the promotion of justice1 to vacate the judgment and sentence of record.

We, therefore, vacate and set aside the judgment and sentence and remand this case to the trial court for the following limited purposes:

1. That the trial court enter anew a judgment and sentence;

2. That the trial court may, if it deems appropriate...

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