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STATE v. SPENCER

No. 11181.

725 P.2d 799 (1986)

STATE of Hawaii, Plaintiff-Appellee, v. David Kapioho SPENCER, Jr., Defendant-Appellant.

Supreme Court of Hawaii.

September 30, 1986.

Attorney(s) appearing for the Case

Susan Barr, (Richard E. Icenogle, Jr., with her on brief), Deputy Public Defenders, Honolulu, for defendant-appellant.

Frederick Giannini, Deputy Pros. Atty., Counsel of Record, Captain Cook, for plaintiff-appellee.

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

LUM, Chief Justice.

This appeal concerns the issue of whether a felon who violates Hawaii Revised Statutes (HRS) § 134-7(b) (Supp.1984) commits a class B or a class C felony for the purpose of sentencing. Defendant-Appellant David Kapioho Spencer, Jr., a convicted felon, pled guilty to possession of a firearm in violation of HRS § 134-7(b). The trial court sentenced Spencer to a 10-year prison term, the maximum term for a class B felony.

HRS §...

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