
    STATE OF HAWAII, Plaintiff-Appellee, v. ROMULO EDULAN AFAGA, Defendant-Appellant
    NO. 5667
    FEBRUARY 25, 1975
    RICHARDSON, C.J., KOBAYASHI AND MENOR, JJ., AND CIRCUIT JUDGE KATO IN PLACE OF OGATA, J„ DISQUALIFIED, AND CIRCUIT JUDGE FONG ASSIGNED BY REASON OF VACANCY
    
      Winston Mirikitani (Mirikitani, Thurston & Tongg of counsel) for defendant-appellant.
    
      Michael W. Gibson, Deputy Prosecuting Attorney (Barry Chung, Prosecuting Attorney, of counsel) for plaintiff-appelle e.
   Per Curiam.

We believe, upon consideration of the record in this case, that it is necessary for the promotion of justice to vacate the judgment and sentence of record.

We, therefore, vacate and set aside the judgment and sentence and remand this case to the trial court for the following limited purposes:

1. That the trial court enter anew a judgment and sentence;

2. That the trial court may, if it deems appropriate, recommend to the United States Attorney General that the appellant not be deported, in accordance with the provisions of 8 U.S.C. § 1251(b) (2). 
      
       HRS § 602-5(7) (Supp. 1974).
     