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STATE v. AKANA

No. 9532.

706 P.2d 1300 (1985)

STATE of Hawaii, Plaintiff-Appellant, v. Scott Kanai AKANA, Defendant-Appellee.

Supreme Court of Hawaii.

Motion for Reconsideration Denied October 10, 1985.

Attorney(s) appearing for the Case

Sheila Burger, Deputy Pros. Atty. (Arthur E. Ross, Deputy Pros. Atty., with her on briefs), for plaintiff-appellant.

William K. Wallace, III, Public Defender (Richard W. Pollack, Public Defender, with him on brief), for defendant-appellee.

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

WAKATSUKI, Justice.

The trial court denied the State's motion to revoke Defendant-Appellee Scott Kanai Akana's probation and to re-sentence him. The State appeals.

In 1981 Akana pleaded guilty to first degree theft in Criminal No. 55564. He was sentenced to five-years probation.

On August 9, 1983, in Criminal No. 57026, Akana pleaded guilty to promoting prison contraband in the first degree, a class B felony...

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