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STATE v. MELEAR

No. 7705.

630 P.2d 619 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. Charles Franklin MELEAR, Defendant-Appellant.

Supreme Court of Hawaii.

June 30, 1981.

Attorney(s) appearing for the Case

Jerry I. Wilson, Honolulu (Wilson & Berman, Honolulu, of counsel), for defendant-appellant.

Glenn M. Miyajima, Deputy Pros. Atty., Honolulu (Archibald C.K. Kaolulo, Deputy Pros. Atty., Honolulu, on the briefs), for plaintiff-appellee.

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

OGATA, Justice.

Defendant-appellant, Charles Franklin Melear (hereinafter appellant), appeals both his conviction by jury of burglary in the first degree,1 and the subsequent imposition of a twenty-year sentence under the extended term statute with the additional requirement of his serving a five-year minimum term. We affirm.

I.

On April 22, 1979, at about 1:45 p.m., Barbara Makus, a Canadian tourist, returned to her...

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