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STATE v. FABIO

No. 7468.

622 P.2d 619 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. Eugene Joseph FABIO, Defendant-Appellant, and Janine Christine Sykes and Rex Francis Lukinich, Defendants.

Intermediate Court of Appeals of Hawaii.

January 14, 1981.

Attorney(s) appearing for the Case

Richard W. Pollack, Deputy Public Defender, Honolulu, for defendant-appellant.

Faye M. Koyanagi, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

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

PER CURIAM.

Appellant Eugene Fabio appeals his conviction for promoting a dangerous drug in the second degree, Hawaii Revised Statutes (HRS) § 712-1242(1)(c) on the ground that the lower court erred in giving the following instruction to the jury:

If you are convinced beyond a reasonable doubt that Defendant distributed the substance proven to be cocaine, the fact that they distributed the cocaine is...

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