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STATE v. PERRY

No. 22245.

998 P.2d 70 (2000)

93 Hawai`i 189

STATE of Hawai`i, Plaintiff-Appellee, v. Anderson Leroy PERRY, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

Certiorari Denied May 3, 2000.

Attorney(s) appearing for the Case

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, on the briefs, for defendant-Appellant.

Caroline M. Mee, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for plaintiff-appellee.

BURNS, C.J., WATANABE, and ACOBA, JJ.

Opinion of the Court by ACOBA, J.

We hold in this appeal by Defendant-Appellant Anderson Leroy Perry (Defendant), that in resentencing Defendant following revocation of his probation, the first circuit court (the court) erred in granting a motion for a mandatory term of imprisonment filed by Plaintiff-Appellant State of Hawai`i (the State) and in so sentencing Defendant. Upon revocation of Defendant's probation, the court was bound, pursuant to Hawai`i Revised Statutes...

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