STATE v. GUMIENNY

No. 5796.

568 P.2d 1194 (1977)

STATE of Hawaii, Plaintiff-Appellee, v. Kenneth Anthony GUMIENNY, Defendant-Appellant.

Supreme Court of Hawaii.

August 29, 1977.


Attorney(s) appearing for the Case

Paul E. DiBianco, Honolulu (James A. Wagner, Honolulu, on the briefs), for defendant-appellant.

Winston K.Q. Wong, Deputy Prosecuting Atty., City and County of Honolulu, Honolulu, for plaintiff-appellee.

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


KIDWELL, Justice.

This appeal arises from a conviction based upon a negotiated guilty plea, and presents the question whether such a plea should be permitted to be withdrawn where, although the prosecution observes the terms of its bargain, the trial judge does not dispose of the case as contemplated by the plea bargain. We affirm the refusal of the trial judge to permit the withdrawal of the guilty plea.

Appellant originally pleaded not guilty of the offense...

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