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STATE v. ELDERTS

No. 7116.

617 P.2d 89 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Richard Lincoln ELDERTS, Defendant-Appellant, and Harold Wesley Emmsley, Defendant.

Supreme Court of Hawaii.

September 23, 1980.

Attorney(s) appearing for the Case

Nolan Chock, Deputy Public Defender, Honolulu (Alvin T. Ito, Lorna A. Nishimitsu and Carolyn Bain, Deputy Public Defenders, Honolulu, on briefs), for defendant-appellant.

Arthur E. Ross, Deputy Pros. Atty., Honolulu (D. Sandrea Chun, Honolulu, on brief), for plaintiff-appellee.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

LUM, Justice.

Defendant-appellant Richard Lincoln Elderts appeals from his judgment of conviction by a jury on four counts of burglary in the second degree.1 Appellant asserts that the trial court erred in denying his motion to suppress incriminating evidence uncovered by the police through an illegal search of an apartment rightfully occupied by appellant,2 and his...

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