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STATE v. DELIMA

No. 17565.

893 P.2d 194 (1995)

78 Hawai`i 343

STATE of Hawai`i, Plaintiff-Appellee, v. Nathan K. DELIMA, Defendant-Appellant.

Supreme Court of Hawai`i.

April 19, 1995.

Attorney(s) appearing for the Case

Theodore Y.H. Chinn, Deputy Public Defender, on the briefs, Honolulu, for defendant-appellant.

Patricia A. Loo, Deputy Prosecuting Atty., City and County of Honolulu, on the briefs, Honolulu, for plaintiff-appellee.

Before MOON, C.J., KLEIN, LEVINSON, and RAMIL, JJ., and WATANABE, Circuit Judge, in place of NAKAYAMA, J., Recused.

RAMIL, Justice.

Defendant-Appellant Nathan K. Delima appeals from the circuit court's Order of Revocation of Probation and Resentencing. Delima argues that his new sentence is illegal because: (1) his sentence fails to credit the period of "detention and imprisonment" served as a condition of probation as required by Hawai`i Revised Statutes (HRS) § 706-671(2) (1985); and (2) by refusing to credit the time served, this sentence will imprison Delima beyond the...

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