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IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o---

STATE OF HAWAI#I, Plaintiff-Appellant, vs. JAY RADFORD MARCH, Defendant-Appellee.

NO. 22938 APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 94-2844) OCTOBER 30, 2000 MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, AND ACOBA, JJ. OPINION OF THE COURT BY MOON, C.J. On October 23, 1998, while serving a five-year term of probation in Criminal Number [Cr. No.] 94-2844, Defendantappellee Jay Radford March (Defendant) was arrested and incarcerated for two unrelated drug offenses under Cr. No. 982290. On August 4, 1999 Defendant was convicted of the offenses As a result of his conviction,

charged in Cr. No. 98-2290.

Defendant's probation in Cr. No. 94-2844 was revoked, and he was resentenced to five years of incarceration, "with credit for time served nunc pro tunc to October 26, 1998." The prosecution

appeals from the order of resentencing, pursuant to Hawai#i Revised Statutes (HRS)

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