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STATE v. RIVERA

No. 7025.

612 P.2d 526 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Isidro RIVERA, Defendant-Appellant.

Supreme Court of Hawaii.

June 6, 1980.

Attorney(s) appearing for the Case

Pat McManaman, Deputy Public Defender, Honolulu (Marie N. Milks, Deputy Public Defender, Honolulu, on briefs), for defendant-appellant.

Calvin K. Murashige, Deputy Pros. Atty., County of Kauai, Lihue, for plaintiff-appellee.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., retired Justice MARUMOTO and Circuit Judge LUM Assigned by Reason of Vacancy.

OGATA, Justice.

Defendant-appellant, Isidro Rivera (hereinafter "appellant"), was convicted on February 15, 1978, of two counts of kidnapping in the first degree, in violation of HRS § 707-720 (1976), and one count of rape in the first degree, in violation of HRS § 707-730 (1976). On appeal, he raises the following questions:

I. Whether the rape statute under which he was convicted was unconstitutional?

II. Whether the trial court erroneously...

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