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STATE v. RODRIGUES

No. 9604.

706 P.2d 1293 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Wade Timothy RODRIGUES, Defendant-Appellant.

Supreme Court of Hawaii.

August 23, 1985.

Attorney(s) appearing for the Case

Richard W. Pollack, Honolulu (Alvin T. Sasaki and David J. Park, Honolulu, on the brief), Deputy Public Defenders, for defendant-appellant.

Willard Peterson, Honolulu (Arthur E. Ross, Honolulu, on the brief), Deputy Pros. Attys., for plaintiff-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

NAKAMURA, Justice.

Wade Timothy Rodrigues was adjudged guilty of Burglary in the First Degree and sentenced to a mandatory minimum period of imprisonment of ten years as a repeat offender within the purview of Hawaii Revised Statutes (HRS) § 706-606.5 (Supp. 1984).1 Relying in part on State v. Tavares, 63 Haw. 509, 630 P.2d 633 (1981), he asserts the trial judge should have imposed a mandatory...

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