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STATE v. PAAAINA

No. 9721.

689 P.2d 754 (1984)

STATE of Hawaii, Plaintiff-Appellee, v. Todd Avery PAAAINA, Defendant-Appellant, and Jonathan Kalei Paaaina and John Nabarro, Defendants.

Supreme Court of Hawaii.

October 15, 1984.

Attorney(s) appearing for the Case

John Ashford Thompson, Honolulu (Earle A. Partington, Honolulu, on briefs; Schweigert & Associates, Honolulu, of counsel), for defendant-appellant.

Shirley Smith, Deputy Pros. Atty., Honolulu (Arthur E. Ross, Alexandria Chinn, Deputy Pros. Attys., Honolulu, on brief), for plaintiff-appellee.

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

HAYASHI, Justice.

On September 21, 1981, defendant Todd Avery Paaaina (Paaaina), was indicted for Promoting Prison Contraband in the First Degree, in violation of Hawaii Revised Statutes (HRS) § 710-1022(1)(b) (1976). After a jury trial, Paaaina was found guilty as charged. Paaaina appeared before the trial judge for sentencing on January 19, 1984. Pursuant to HRS § 706-601 (1976), the trial judge had received a pre-sentence diagnosis and report. A confidential...

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