OGATA, Justice.
On March 29, 1979, Petitioner-Defendant, Yutaka Mitake (hereinafter Petitioner), was convicted of Theft in the First Degree, in violation of HRS § 708-831(1)(b), in the Circuit Court of the First Circuit. On appeal, the Intermediate Court of Appeals affirmed Petitioner's conviction in a decision filed November 12, 1980. 1 Haw.App. 335,
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