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STATE v. SYLVA

No. 6638.

605 P.2d 496 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. John Robello SYLVA, also known as John R. Sylva III and John Silva, Defendant-Appellant, and Jerry Medeiros, Defendant.

Supreme Court of Hawaii.

January 10, 1980.

Attorney(s) appearing for the Case

Edward K. Placek, Jr., Honolulu, for defendant-appellant.

Togo Nakagawa, Pros. Atty., City and County of Honolulu, Honolulu (Timothy A. Liu, Deputy Pros. Atty., Honolulu, on the brief), for plaintiff-appellee.

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

PER CURIAM.

Defendant-appellant, John Robello Sylva, appeals the trial court's denial of his motion for deferred acceptance of guilty (DAG) plea made pursuant to Chapter 853, Hawaii Revised Statutes (1976 Repl.) (HRS), after his plea of guilty to a charge of burglary in the second degree, on two grounds: (1) the trial court made an erroneous finding that § 853-4(7) disqualifies him from the benefits of Chapter 853, and (2) the trial court abused its discretion...

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