592 P.2d 38

STATE OF HAWAII, Plaintiff-Appellee, v. ROY HENRY GOSS, JR., Defendant-Appellant

NO. 6913Supreme Court of Hawaii.
March 20, 1979

APPEAL FROM SECOND CIRCUIT COURT HONORABLE S. GEORGE FUKUOKA, JUDGE

RICHARDSON, C.J., AND MENOR, J., AND CIRCUIT JUDGE LUM IN PLACE OF OGATA, J., DISQUALIFIED, AND RETIRED JUSTICE MARUMOTO AND CIRCUIT JUDGE SODETANI ASSIGNED BY REASON OF VACANCIES

Per Curiam.

The appellant sought to have his sentence reduced pursuant to Act 188, Session Laws of Hawaii 1975. His request was denied by the circuit court. We reverse and remand for further proceedings consistent with our opinion in State v. Ortez, 60 Haw. 107, 588 P.2d 898 (1978).

Bruce A. Matsunaga, Deputy Public Defender for defendant-appellant.

John Tam, Deputy Prosecuting Attorney for plaintiff-appellee.

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