OGATA, Justice.
These two criminal cases, identified in the records of the court below as Cr. No. 45581, and Cr. No. 45583, have been consolidated for the purpose of appeal and are before us for the second time. In the first appeal we allowed Samuel Kamae, III, defendant-appellant (hereinafter appellant), to appeal each of these cases in forma pauperis on their merits. State v. Kamae, 56 Haw. 32,
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