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STATE v. KEAHI

No. 8500.

662 P.2d 212 (1983)

STATE of Hawaii, Plaintiff-Appellant, v. Percy KEAHI, Defendant-Appellee.

Supreme Court of Hawaii.

April 25, 1983.

Attorney(s) appearing for the Case

Lawrence A. Goya, Deputy Pros. Atty., Wailuku, on briefs for plaintiff-appellant.

Arthur K. Trask, Jr., Deputy Public Defender, Honolulu, on brief for defendant-appellee.

Before LUM, Acting C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and CHANG, Circuit Judge, assigned by reason of vacancy.

PADGETT, Justice.

This is an appeal by the State from an order of the circuit court granting a motion for the deferred acceptance of guilty plea. We remand.

In this case, appellee was charged with the offense of burglary in the first degree. After the trial had commenced and two witnesses had testified for the State, appellee, on September 10, 1981, entered a plea of nolo contendere.

At the hearing on appellee's sentencing on November 12, 1981...

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