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STATE v. WAIAU

No. 5968.

588 P.2d 412 (1978)

STATE of Hawaii, Plaintiff-Appellee, v. Clifford Kalani WAIAU, also known as Allen Waiau, Defendant-Appellant.

Supreme Court of Hawaii.

December 13, 1978.

Attorney(s) appearing for the Case

Wayne D. Parsons, Deputy Public Defender, Honolulu (Marie N. Milks, Honolulu, Deputy Public Defender, with him on the briefs), for defendant-appellant.

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

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

KIDWELL, Justice.

This appeal is from a felony conviction and sentence based upon a negotiated guilty plea. By the plea bargain, the prosecuting attorney agreed not to request an extended term sentence under HRS § 706-661. Upon the instruction of the court, the prosecutor instituted proceedings for an extended term sentence, and appellant was sentenced to an extended term of twenty years of imprisonment rather than the ordinary term of ten years. Since the prosecuting...

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