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STATE v. FREEMAN

No. 13183.

774 P.2d 888 (1989)

STATE of Hawaii, Plaintiff-Appellee, v. Frank FREEMAN, also known as Linda Frances King, Linda Carmona, David Bright, Leonard, Jimmy Wortheli, James Dixon, Owen Whatford, Owens Whatford, Frank Windell Broen, Tracy White, Frank Brown, Frank White, Frankie Freeman, Maxine Buckington, Lynn S. Freeman and Kevin Davis, Defendant-Appellant, and Claude Carmona, also known as John Wills, John Webb, Felix Carmona and Claude Kent, Defendant.

Supreme Court of Hawaii.

May 8, 1989.

Attorney(s) appearing for the Case

Dan S. Ikehara, 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.

The issue presented in this appeal is whether Theft in the Second Degree (Hawaii Revised Statutes ["HRS"] § 708-831(1)(b) (Supp. 1988)) is a lesser included offense of Fraudulent Use of a Credit Card (HRS § 708-8100(1)(b) and (2) (Supp. 1988)) pursuant to HRS § 701-109(4), or, in the alternative, whether the offense of Theft in the Second Degree merges with the offense of Fraudulent Use of a Credit Card pursuant to HRS § 701...

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