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STATE v. VON GELDERN

No. 7521.

638 P.2d 319 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. Edward D. VON GELDERN, Defendant-Appellant, and Kimmy Ruth Shulman, also known as Kim Shulman, Kathy Sage and Kim, and Susan Von Geldern, also known as Susan, Defendants.

Supreme Court of Hawaii.

December 29, 1981.

Attorney(s) appearing for the Case

Brook Hart, Honolulu, for defendant-appellant.

Lee T. Nakamura, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

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

MENOR, Justice.

This is an appeal by the defendant from a five-year mandatory minimum sentence of imprisonment imposed by the circuit court pursuant to HRS § 706-606.5, which then provided in pertinent part that "any person convicted under section ... 712-1242 relating to the promoting of a dangerous drug in the second degree, ... who has a prior conviction for ... [promoting a dangerous drug in the second degree] ... in this or

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