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STATE v. JIM

No. 5900.

574 P.2d 521 (1978)

STATE of Hawaii, Plaintiff-Appellee, v. James Clifton JIM, Defendant-Appellant.

Supreme Court of Hawaii.

February 3, 1978.

Attorney(s) appearing for the Case

Myles T. Yamamoto, Deputy Public Defender, Honolulu (Marie N. Milks, Honolulu, with him on the brief), for defendant-appellant.

Allan S. Chock, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

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

MENOR, Justice.

Upon his plea of guilty, the defendant was in due course sentenced for the offense first degree theft. Prior to sentence being imposed, however, he had moved for withdrawal of his guilty plea. His motion was denied, and this denial constitutes the basis for the defendant's appeal from the judgment and sentence of the trial court.

H.R.Cr.P. Rule 32(d) under which the motion for withdrawal of guilty plea was made provided as follows:

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