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STATE v. RAITZ

Nos. 7636, 7695.

621 P.2d 352 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. August F. RAITZ, Defendant-Appellant. August F. RAITZ, Petitioner, v. George YUEN, Individually and in his capacity as Director of Health, and Howard Gudeman, Individually and in his capacity as Administrator of the Hawaii State Hospital, Respondents.

Supreme Court of Hawaii.

December 26, 1980.

Attorney(s) appearing for the Case

Steve K. Miyasaka, Deputy Public Defender, Honolulu, for defendant-appellant and petitioner.

Wesley T. Kan, Deputy Pros. Atty., Honolulu, for plaintiffs-appellees and respondents.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

NAKAMURA, Justice.

In these consolidated cases, defendant August F. Raitz challenges the constitutionality of the Penal Code provisions authorizing the pre-trial commitment of persons charged with criminal behavior but found incompetent to stand trial.1 He appeals from an order of the Circuit Court of the First Circuit suspending criminal proceedings against him but committing him to the custody of the Director of Health; he has also brought...

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