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STATE v. GUTIERREZ

No. 6541.

618 P.2d 315 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Robert Ralph GUTIERREZ, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

October 17, 1980.

Attorney(s) appearing for the Case

Calvin J. Fukuhara, Deputy Public Defender, Honolulu, for defendant-appellant.

Wayne H. Tashima, Deputy Pros. Atty., Dept. of the Pros. Atty., Honolulu, for plaintiff-appellee.

Before PADGETT, Acting C.J., BURNS, J., and Circuit Judge Chang in place of Chief Judge HAYASHI, disqualified.

PER CURIAM.

This is an appeal from a conviction of murder at a jury-waived trial. Appellant urges three errors: prejudicial misconduct by the prosecutor, prejudicial error in permitting the prosecution to impeach one of its own witnesses, and ineffective assistance of counsel. For the reasons stated below, we hold against appellant and affirm.

The murder in question occurred in Kaimuki on the evening of March 9, 1976. The decedent was in a house at 1117 15th...

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