Tachibana V. Hawai

In 1987, Petitioner Shigeyuki Tachibana was convicted of Theft in the First Degree. On appeal, the conviction was affirmed by this court. State v. Tachibana, 70 Haw. 658, 796 P.2d 1002 (1988) (mem.). In 1990, Tachibana filed a petition for post-conviction relief pursuant to Rule 40 of the Hawai'i Rules of Penal Procedure (HRPP). After a hearing, the third circuit court entered an order on October 5, 1992, granting Tachibana's petition for post-conviction relief and, on October 12, 1992, filed findings of fact (FOF) and Conclusions of law (COL) in support of the order. Respondent State of Hawai'i filed a timely appeal from the order and the FOF/COL. Tachibana thereafter filed a cross-appeal. For the reasons set forth below, we affirm.