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STATE v. AKAO

Nos. 8514, 8495.

658 P.2d 882 (1983)

STATE of Hawaii, Plaintiff-Appellee, v. Emmet AKAO, Defendant-Appellant, and Bene T. Valenzuela, Defendant. STATE of Hawaii, Plaintiff-Appellee, v. Emmet AKAO, Defendant-Appellant, and Barry Yoshizawa and Kenford Oda, Defendants.

Supreme Court of Hawaii.

Reconsideration Denied February 28, 1983.

Attorney(s) appearing for the Case

Richard Pollack, Deputy Public Defender, Honolulu (Jonathan J. Ezer, Deputy Public Defender, Honolulu, on brief), for defendant-appellant.

Arthur E. Ross, Deputy Pros. Atty., Honolulu (Michael J. McGuigan, Deputy Pros. Atty., Honolulu, on brief), for plaintiff-appellee.

Before LUM, Acting C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and TSUKIYAMA, Circuit Judge, assigned by reason of vacancy.

PER CURIAM.

This appeal concerns the lower court's sentencing of defendant-appellant to two extended terms of punishment under our repeat offender statute, Hawaii Revised Statutes (HRS) § 706-606.5 (Supp. 1982), for two convictions of theft in the first degree following his pleas of guilty.

Appellant argues that the trial court erred in sentencing him to the mandatory minimum imprisonment of five years instead of a mandatory minimum of three years without...

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