State v. Nobriga

OPINION OF THE COURT BY

RICHARDSON. C.J.

This appeal involves the issue of whether a trial judge at the sentencing stage may consider a presentence diagnosis report which includes an adult-defendant’s juvenile court record, in light of HRS §§ 571-49 and 571-84 (Supp. 1973) and HRS § 706-602 (Supp. 1973), Act 179, § 23, S.L.H. 1973, amending Act 9, part of Section 1, S.L.H. 1972, 1 [hereinafter cited as HRS § 706-602 (Supp. 1973)].

Defendant-appellant Theodore Frederick Nobriga was tried and found guilty in the circuit court of burglary in the first degree, in violation of HRS § 726.

Subsequent to…