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FLUBACHER v. STATE

SCWC-15-0000363.

414 P.3d 161 (2018)

Robert FLUBACHER, Petitioner/Petitioner-Appellant, v. STATE of Hawai`i, Respondent/Respondent-Appellee.

Supreme Court of Hawai`i.

March 21, 2018.

Attorney(s) appearing for the Case

John M. Schum , Kaneohe, for petitioner.

Stephen K. Tsushima , Honolulu, for respondent.

RECKTENWALD, C.J., McKENNA, POLLACK, AND WILSON, JJ., WITH NAKAYAMA, J., DISSENTING SEPARATELY.

Robert Flubacher pled guilty to various offenses in multiple cases, and was sentenced to extended term sentences, which became final in 2003. In 2014, Flubacher filed a petition for post-conviction relief pursuant to Hawai`i Rules of Penal Procedure (HRPP) Rule 40, arguing that his sentence was illegal because...

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