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STATE v. FRY

No. 7058.

602 P.2d 13 (1979)

STATE of Hawaii, Plaintiff-Appellee, v. Robert Jack FRY, Defendant-Appellant.

Supreme Court of Hawaii.

October 29, 1979.

Attorney(s) appearing for the Case

Corey Y.S. Park, Honolulu (Wayne R. Young, Hawaii Correctional Legal Services, Inc., Honolulu, of counsel, on the briefs), for defendant-appellant.

George Yamamoto, Atty. Gen. (Michael A. Lilly, Deputy Atty. Gen., Honolulu, on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., MARUMOTO, Retired Justice, and LUM, Circuit Judge, assigned by reason of vacancies.

OGATA, Justice.

Robert Fry, defendant-appellant, has appealed the lower court's decision, rendered on May 30, 1978, to grant the State's Motion to Amend Illegal Sentences.

On August 11, 1970, the appellant pleaded guilty in the federal district court of Hawaii to possession of a firearm in violation of 26 U.S.C. § 5861(d); in April of the following year he received a five year sentence at the federal penitentiary in Lompoc, California.

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