STATE v. ALLEN

No. 7679.

638 P.2d 338 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. Charles ALLEN, Jr., Chester G.K. Tam, Dennis Yoshida, Defendants-Appellants, and Shinsei Miyasato, Defendant.

Intermediate Court of Appeals of Hawaii.

Certiorari Denied January 5, 1982.


Attorney(s) appearing for the Case

Peter C. Labrador, Honolulu, for defendants-appellants.

Artemio C. Baxa, Deputy Pros. Atty., Dept. of the Public Prosecutor, County of Maui, Wailuku, for plaintiff-appellee.

Before HAYASHI, C.J., BURNS, J., and WAKATSUKI, Circuit Judge, in place of PADGETT, J., Disqualified.


BURNS, Judge.

In this appeal of a conviction in a criminal case, we address the following issues:

1. Does the rule which says that a court-appointed counsel's failure to take an appeal for an indigent criminal defendant within the time allowed does not foreclose the right of the defendant to appeal apply to the situation where counsel is privately retained? In the circumstances of this case, our answer is yes.

2. After a complaint alleging a defendant...

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