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STATE v. PALAMA

Nos. 7117, 7119.

612 P.2d 1168 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. James Otis PALAMA, Defendant-Appellant. STATE of Hawaii, Plaintiff-Appellee, v. Henderson K. AHLO, Jr., Defendant-Appellant.

Supreme Court of Hawaii.

June 18, 1980.

Attorney(s) appearing for the Case

Lionel T. Oki (Mark M. Nomura and Lorna A. Nishimitsu, Deputy Public Defenders, Honolulu, on the briefs), for defendants-appellants.

Arthur E. Ross, Deputy Pros. Atty., Honolulu (Faye M. Koyanagi, Deputy Pros. Atty., Honolulu, on the brief), for plaintiff-appellee.

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

LUM, Justice.

This appeal questions the authority of the trial court to revoke the probation of both appellants, James Otis Palama and Henderson K. Ahlo, Jr., under § 706-628, Hawaii Revised Statutes.

Sometime during the year 1977, both appellants, in separate criminal proceedings, were convicted and sentenced to five years probation. On May 31, 1978, while on probation, both appellants were jointly tried and convicted of murder under HRS § 707-701...

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