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STATE v. ORTEZ

No. 6407.

588 P.2d 898 (1978)

STATE of Hawaii, Plaintiff-Appellee, v. Gary ORTEZ, Defendant-Appellant.

Supreme Court of Hawaii.

December 14, 1978.

Attorney(s) appearing for the Case

Sherry P. Broder and David S. Hobler, Honolulu (Hawaii Correctional Legal Services, Inc. of counsel), for defendant-appellant.

Francis I. Yamashita, Deputy Pros. Atty., City & County of Honolulu, Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., and KOBAYASHI, MENOR and KIDWELL, JJ., and LUM, Circuit Judge, in place of OGATA, J., disqualified.

KIDWELL, Justice.

This case is before us on appeal from the denial of appellant's motion for reduction of sentence pursuant to Act 188, Sess.L. 1975, which is set forth in full in the margin.1 Appellant was indicted on September 29, 1971 for murder in the first degree. He was adjudged guilty of murder in the second degree upon his plea of guilty and was...

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