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STATE v. ALLEN

No. 11931.

744 P.2d 789 (1987)

STATE of Hawaii, Respondent-Appellee, v. John Wesley ALLEN, Petitioner-Appellant.

Intermediate Court of Appeals of Hawaii.

October 28, 1987.

Attorney(s) appearing for the Case

Christopher R. Evans, Honolulu, for petitioner-appellant.

Peter Van Name Esser (Willard J. Peterson, on the brief), Deputy Pros. Attys., City and County of Honolulu, for respondent-appellee.

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

HEEN, Judge.

Appellant John Wesley Allen (Petitioner) appeals from the January 2, 1987 Findings of Fact, Conclusions of Law and Order (Order) denying without a hearing his Rule 40, Hawaii Rules of Penal Procedure (HRPP) (1985), petition for post-conviction relief. We affirm.

Petitioner, who is presently incarcerated on convictions for murder and rape, seeks confinement in safer quarters, and vacation of his convictions or a new trial. In a prior appeal by...

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