State v. Delima

RAMIL, Justice.

Defendant-Appellant Nathan K. Delima appeals from the circuit court’s Order of Revocation of Probation and Resentencing. Delima argues that his new sentence is illegal because: (1) his sentence fails to credit the period of “detention and imprisonment” served as a condition of probation as required by Hawaii Revised Statutes (HRS) § 706-671(2) (1985); and (2) by refusing to credit the time served, this sentence will imprison Delima beyond the maximum term allowed by statute and, therefore, subject him to “multiple punishment for the same offense” or double jeopardy.

For the…