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STATE v. KAHALEWAI

No. 14366.

801 P.2d 558 (1990)

STATE of Hawaii, Plaintiff-Appellant, v. Kenneth KAHALEWAI, Defendant-Appellee.

Supreme Court of Hawaii.

November 26, 1990.

Attorney(s) appearing for the Case

Alexa D.M. Fujise (Vickie L. Silberstein, with her on the brief), Deputy Pros. Attys., Honolulu, for plaintiff-appellant.

Richard T. Pafundi, Honolulu, for defendant-appellee.

Before LUM, C.J., PADGETT, WAKATSUKI, and MOON, JJ., and Intermediate Court of Appeals Chief Judge BURNS, in place of HAYASHI, J., Recused.

WAKATSUKI, Justice.

Kenneth Kahalewai was charged with first degree robbery and third degree assault. Pursuant to a plea bargain, Kahalewai pled no contest to a reduced charge of second degree robbery and to the assault charge. One of the terms of the plea bargain was that Kahalewai would not request probation.

Contrary to the terms of the plea bargain, Kahalewai, prior to sentencing, sent a letter to the court requesting probation. The letter was attached...

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