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STATE v. ARLT

No. 15676.

833 P.2d 902 (1992)

STATE of Hawaii, Plaintiff-Appellee, v. Jeffery ARLT, Defendant-Appellant, and Charles Dunn, Defendant.

Intermediate Court of Appeals of Hawaii.

August 6, 1992.

Attorney(s) appearing for the Case

Peter Van Name Esser and Willard J. Peterson (Peterson & Esser, of counsel), on the briefs, Honolulu, for defendant-appellant.

Melinda K. Mendes, Deputy Prosecuting Attorney, City and County of Honolulu, on the brief, Honolulu, for plaintiff-appellee.

Before BURNS, C.J., and HEEN and WATANABE, JJ.

WATANABE, Judge.

Jeffery Arlt (Defendant) appeals his September 24, 1991 conviction of First Degree Robbery. Concluding that Defendant did not use force "in the course of committing theft" and that First Degree Robbery was thus not proved, we vacate Defendant's conviction below. However, as there is overwhelming evidence on the record that Defendant committed the lesser-included offense of Theft in the Fourth Degree, we remand the case to the First Circuit Court with...

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