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STATE v. GOMES

No. 5721.

554 P.2d 235 (1976)

STATE of Hawaii, Plaintiff-Appellee, v. Don Anthony GOMES, Defendant-Appellant.

Supreme Court of Hawaii.

September 21, 1976.

Attorney(s) appearing for the Case

Donna M. Woo, Deputy Public Defender, Honolulu, for defendant-appellant.

James F. Nagle, Deputy Pros. Atty., City and County of Honolulu, Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

PER CURIAM.

This is an appeal from a judgment of conviction of rape in the first degree. Defendant-appellant died the day before oral argument on the merits was scheduled in this court. The State has moved that the appeal be dismissed, allowing appellant's conviction below to stand. The Public Defender, counsel for appellant, is not opposed to dismissal of the appeal per se, but argues that such dismissal should be in conjunction with an order vacating the...

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