No. 7843.

648 P.2d 696 (1982)

STATE of Hawaii, Plaintiff-Appellee, v. Eric Abellira ALFONSO, Defendant-Appellant, and Eugene Charmon Margiotta, Defendant.

Supreme Court of Hawaii.

July 14, 1982.

Attorney(s) appearing for the Case

William H. Brady, Honolulu (Brady & Brady, Honolulu, of counsel), on the briefs, for defendant-appellant.

Wevley H. Shea, Deputy Pros. Atty., on the brief, for plaintiff-appellee.

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., and OGATA and MENOR, Retired Justices, Assigned Temporarily.

LUM, Justice.

Defendant-appellant Eric Abellira Alfonso ("appellant") and co-defendant Eugene Charmon Margiotta were tried jointly and each convicted by a jury of rape in the first degree and of sodomy in the first degree pursuant to HRS §§ 707-730(1)(a)(i) (1976)1 and 707-733(1)(a)(i) (1976),2 respectively, based on the same criminal episode. Upon consideration of the issues raised which merit discussion...

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