GARRINGER v. STATE

No. 18573.

909 P.2d 1142 (1996)

80 Hawai`i 327

Ricky Dale GARRINGER, Petitioner-Appellant, v. STATE of Hawai`i, Respondent-Appellee.

Supreme Court of Hawai`i.

January 23, 1996.


Attorney(s) appearing for the Case

Ricky Dale Garringer, on the briefs, Aiea, Pro Se.

Vickie L. Kapp, Deputy Prosecuting Attorney, on the briefs, Honolulu, for respondent-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.


KLEIN, Justice.

Ricky Dale Garringer appeals from the circuit court's order denying his Hawai`i Rules of Penal Procedure (HRPP) Rule 40 petition for post-conviction relief. For the following reasons, we vacate the circuit court's order and remand for further proceedings.

I.

Garringer conceded at trial that he and a minor accomplice (Minor) planned to commit theft at a Jack-in-the-Box restaurant in Waipi...

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