STATE v. NASES

No. 8402.

649 P.2d 1138 (1982)

STATE of Hawaii, Plaintiff-Appellee, v. Manuel Anthony NASES, Defendant-Appellant.

Supreme Court of Hawaii.

August 24, 1982.


Attorney(s) appearing for the Case

Thomas Wong, Deputy Public Defender, Honolulu, on brief for defendant-appellant.

Joseph K. Kamelamela, Deputy Pros. Atty., Hilo, on brief for plaintiff-appellee.

Before RICHARDSON, C.J., and LUM, NAKAMURA, PADGETT and HAYASHI, JJ.


PER CURIAM.

Appellant was convicted of theft in the third degree. He appeals, alleging that there was a fatal variance between the charge and the proof and that he was improperly sentenced to a consecutive term of imprisonment. We affirm.

While appellant was imprisoned at Kulani Honor Camp on the Island of Hawaii, he was in Hilo on work pass. He went into Kalakaua Kleaners in Hilo and took a calculator which was on the counter. Kalakaua Kleaners was a corporation...

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