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STATE v. HERNANDEZ

No. 7136.

605 P.2d 75 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Jimmy Anthony HERNANDEZ, Defendant-Appellant, and Warren David Miller, Defendant.

Supreme Court of Hawaii.

January 23, 1980.

Attorney(s) appearing for the Case

Bruce S. Ames, Kailua, for defendant-appellant.

Faye Koyanagi, Deputy Pros. Atty., Honolulu (Lloyd L. Ching, Deputy Pros. Atty., Honolulu, on brief), for plaintiff-appellee.

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

PER CURIAM.

This is an appeal by defendant Jimmy Anthony Hernandez (appellant) from a conviction of two counts of sexual abuse in the first degree in violation of HRS § 707-736(1)(a), and kidnapping in violation of HRS § 707-720(1)(d). Appellant contends that his conviction is grounded on insufficient evidence. We affirm in part and reverse in part.

The uncontested facts are as follows:

Shortly after appellant had driven Warren David Miller...

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