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BARNETT v. STATE

Nos. 19913, 21051.

979 P.2d 1046 (1999)

91 Hawai`i 20

Gregory BARNETT, Petitioner/Cross-Respondent-Appellant, v. STATE of Hawai`i, Respondent/Cross-Petitioner-Appellee.

Supreme Court of Hawai`i.

Reconsideration Denied July 15, 1999.

Attorney(s) appearing for the Case

Anthony L. Ranken, Wailuku, for petitioner/cross-respondent-appellant Gregory Barnett on the writ.

Aileen Y. Watanabe, Deputy Prosecuting Attorney, for respondent/cross-petitioner-appellee State of Hawai`i on the writ.

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

Opinion of the Court by RAMIL, J.

Petitioner/cross-respondent-appellant Gregory Barnett appealed the circuit court's April 24, 1996 order denying his Hawai`i Rules of Penal Procedure (HRPP) Rule 40 petition without a hearing. Barnett argued, inter alia, that the circuit court erred in denying his HRPP Rule 40 petition without a hearing because: (1) the plea agreement was ambiguous and unfulfillable; (2) the minimum term of imprisonment set by the Hawai`i Paroling...

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