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STATE v. CORREA

Crim. Nos. 11967, 11968.

744 P.2d 84 (1987)

STATE of Hawaii, Plaintiff-Appellee, v. Richard CORREA, Defendant-Appellant. STATE of Hawaii, Plaintiff-Appellee, v. Richard CORREA, Defendant-Appellant.

Supreme Court of Hawaii.

October 23, 1987.

Attorney(s) appearing for the Case

Arne T. Henricks, Hilo, for defendant-appellant.

Charlene Y. Iboshi, Deputy Pros. Atty., Hilo, for plaintiff-appellee.

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

LUM, Chief Justice.

The sole issue in this appeal is whether, under Hawaii Revised Statutes (HRS) § 706-671(2), a probationer who violates his probation, may receive credit, upon subsequent resentencing, for time spent during the probationary period at a non-state-run rehabilitation facility.

I.

On February 1, 1982, Appellant was sentenced for concurrent prison terms of ten years for Burglary in the First Degree and five years for Attempted...

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