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STATE v. DOI

No. 9945.

711 P.2d 736 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Leslie DOI, Defendant-Appellant, and Michael Anthony Ramirez, Defendant.

Intermediate Court of Appeals of Hawaii.

Certiorari Denied November 22, 1985.

Attorney(s) appearing for the Case

Elvis Pila-Patea, Deputy Public Defender (Susan Barr, Deputy Public Defender, on brief), Honolulu, for defendant-appellant.

Peter M. Wilkens, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

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

BURNS, Chief Judge.

Defendant Leslie Doi appeals the trial court's refusal of his request that the jury be allowed to consider the offense of assault in the third degree as an included or related offense of robbery in the first degree.1 We affirm.

Doi was charged with violating Hawaii Revised Statutes (HRS) § 708-840(1)(b)(i) (Supp. 1984). It provides as follows:

Robbery in the first degree. (1) A person commits the...

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