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STATE v. VILORIA

No. 12331.

759 P.2d 1376 (1988)

STATE of Hawaii, Plaintiff-Appellee, v. Herbert I. VILORIA, Defendant-Appellant.

Supreme Court of Hawaii.

September 1, 1988.

Attorney(s) appearing for the Case

Susan Barr (Derrick H.M. Chan, with her on the brief), Deputy Public Defenders, Honolulu, for defendant-appellant.

Vickie L. Silberstein, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

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

LUM, Chief Justice.

Defendant Herbert Viloria appeals from the lower court's June 30, 1987 revocation of probation and resentencing to imprisonment on the ground that the lower court lacked jurisdiction. Relying upon State v. Kala, 6 Haw. App. ___, 718 P.2d 1117 (1986), Defendant argues that once probation is revoked, a new term of probation may not be imposed. As discussed below, we disagree with the rationale of Kala<...

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