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TOMOMITSU v. STATE

No. 21545.

995 P.2d 323 (2000)

93 Hawai`i 22

Clement Jiro TOMOMITSU, Petitioner-Appellant, v. STATE of Hawai`i, Respondent-Appellee.

Intermediate Court of Appeals of Hawai`i.

As Amended January 14, 2000.

Certiorari Dismissed March 1, 2000.

Attorney(s) appearing for the Case

William A. Harrison, on the briefs, Honolulu, for Petitioner-Appellant.

Alexa D.M. Fujise, Deputy Prosecuting Attorney, City and County of Honolulu, for Respondent-Appellee.

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

Opinion of the Court by BURNS, C.J.

Petitioner-Appellant Clement Jiro Tomomitsu (Tomomitsu) appeals the circuit court's April 9, 1998 Findings of Fact, Conclusions of Law and Order Denying Petition for Post Conviction Relief denying his October 27, 1997 Hawai`i Rules of Penal Procedure (HRPP) Rule 40 Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody (HRPP Rule 40 Petition) without a hearing on the HRPP Rule 40(f) ground that...

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