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STATE v. KUTZEN

Nos. 7525, 7647.

620 P.2d 258 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Sonya KUTZEN, Defendant-Appellant, and Charlene M. Opunui, also known as Charlene M. Keohuhu et al., Defendants. STATE of Hawaii, Plaintiff-Appellee, v. Charlene M. OPUNUI, also known as Charlene M. Keohuhu, Defendant-Appellant, and Sonya Kutzen et al., Defendants.

Intermediate Court of Appeals of Hawaii.

December 2, 1980.

Attorney(s) appearing for the Case

Kevin C. Kennedy, Honolulu, for appellant Kutzen.

Anson O. Rego, Waianae, for appellant Opunui.

Faye M. Koyanagi, Honolulu, for plaintiff-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PADGETT, Judge.

In these two appeals brought by Appellants Kutzen and Opunui from their conviction for theft in the first degree (Hawaii Revised Statutes § 708-831(1)(b)) we address two issues:

(1) Whether the lower court erred in denying defendants' motion to suppress photographic identification on the ground that the identification procedure was not so impermissibly suggestive as to give rise to a very substantial likelihood of misidentification...

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