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STATE v. CORREIA

No. 9986.

705 P.2d 1045 (1985)

STATE of Hawaii, Plaintiff-Appellant, v. Herbert CORREIA, Jr., Defendant-Appellee.

Supreme Court of Hawaii.

September 5, 1985.

Attorney(s) appearing for the Case

Arthur E. Ross, Deputy Pros. Atty., on brief, Honolulu, for plaintiff-appellant.

James F. Nagle and Bambi E. Weil, Shim, Tam, Kirimitsu & Naito, on brief, Honolulu, for defendant-appellee.

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

PADGETT, Justice.

This is an appeal by the State from an order denying revocation of probation. We reverse.

Appellee pled guilty to a four-count indictment and was sentenced to five years probation on December 3, 1981. On May 3, 1984 the State brought a motion for revocation of his probation based upon a prosecutor's affidavit attesting that on March 28, 1984 appellee was found guilty of the offense of attempted theft of the first degree in Criminal No. 59193...

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