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  5. 789 P.2d 1122 (1990)
 

STATE v. MATA

Nos. 13887, 13904.

789 P.2d 1122 (1990)

STATE of Hawaii, Plaintiff-Appellee, v. Ronald T. MATA, Defendant-Appellant. STATE of Hawaii, Plaintiff-Appellee, v. Santos ANCHETA, Defendant-Appellant.

Supreme Court of Hawaii.

March 28, 1990.

Attorney(s) appearing for the Case

Paul J. Cunney, Honolulu, for defendants-appellants.

James M. Anderson, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before PADGETT, Acting C.J., HAYASHI and WAKATSUKI, JJ., NAKAMURA, Retired Justice, in place of MOON, J., recused, and BURNS, Intermediate Court of Appeals Chief Judge, in place of LUM, C.J., recused.

PADGETT, Justice.

These are appeals from two cases tried on consecutive days. Defendant-Appellant Ronald Mata (Mata) was charged with, and convicted of, driving under the influence of intoxicating liquor in violation of HRS § 291-4(a)(1) and (2). Defendant-Appellant Santos Ancheta (Ancheta) was charged and convicted of driving under the influence in violation of HRS § 291-4(a)(1) only. The same judge presided over both trials. The appellants were represented...

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