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STATE v. KIDO

No. 8410.

654 P.2d 1351 (1982)

STATE of Hawaii, Plaintiff-Appellant, Cross-Appellee, v. Mitchell Haruo KIDO, Defendant-Appellee, Cross-Appellant. and Mitchell Haruo KIDO, Petitioner-Appellee, Cross-Appellant, v. STATE of Hawaii, Respondent-Appellant, Cross-Appellee.

Intermediate Court of Appeals of Hawaii.

As Amended December 10, 1982.

Attorney(s) appearing for the Case

Thomas Pico, Jr., Deputy Pros. Atty., Honolulu (Arthur E. Ross on the briefs), Honolulu, for plaintiff-appellant, cross-appellee.

Randall Y. Kunn Char, Honolulu, (O'Brien & Char, Honolulu, of counsel), for defendant-appellee, cross-appellant.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

The State appeals the trial court's decision setting aside its sentence of defendant Mitchell Haruo Kido (Kido) to an indeterminate term of imprisonment of twenty years and instead placing him on probation for five years.

Kido cross-appeals the trial court's decision that Hawaii Revised Statutes (HRS) § 706-659 (1976, as amended) is not unconstitutional per se.

We hold that the trial court erred in setting aside its sentence...

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