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STATE v. CABRAL

No. 13793.

785 P.2d 1314 (1990)

STATE of Hawaii, Plaintiff-Appellee, v. Mark D. CABRAL, Defendant-Appellant.

Supreme Court of Hawaii.

January 26, 1990.

Attorney(s) appearing for the Case

Lane Y. Takahashi, Honolulu, for defendant-appellant.

Lisa Itomura, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before PADGETT, Acting C.J., HAYASHI and WAKATSUKI, JJ., Retired Justice NAKAMURA, assigned by reason of vacancy, and Intermediate Court of Appeals Chief Judge JAMES S. BURNS, in place of LUM, C.J., recused.

HAYASHI, Justice.

Following a jury trial, Defendant-Appellant Mark D. Cabral (Defendant) was found guilty as charged for the offense of promoting a dangerous drug in the second degree (HRS § 712-1242), a class B felony. Defendant was thereafter sentenced to a ten year term of imprisonment, with a mandatory minimum term of six years and eight months imprisonment as a repeat offender.

On appeal, Defendant seeks to reverse the portion of his sentence which...

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